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Horne v. Flores, No. 08-289

By FindLaw Staff on June 25, 2009 | Last updated on March 21, 2019

In a motion by state legislators to purge the District Court's contempt order holding that the state was providing inadequate English Language-Learner instruction in the school district at issue, the denial of the motion is reversed, where the lower courts did not engage in the proper analysis under Fed. R. Civ. P. 60(b)(5), because they did not analyze whether changed circumstances warranted reexamination of the original judgment.

Read Horne v. Flores, No. 08-289

Appellate Information

Argued April 20, 2009

Decided June 25, 2009


Alito, J., delivered the opinion of the Court.

Breyer, J., delivered a dissenting opinion.


For Petitioner:

Eric J. Bistrow, Burch & Cracchiolo, P.A., Phoenix, AZ

Kenneth W. Starr, Kirkland & Ellis LLP, Los Angeles, CA


Kimberly Anne Demarchi, Lewis & Roca LLP, Phoenix, AZ

Sri Srinivasan, O'Melveny & Meyers LLP, Washington, DC

Timothy M. Hogan, Arizona Center for Law in the Public Interest, Phoenix, AZ

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