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PETTIES EX REL. MARTIN v. DISTRICT OF COLUMBIA

No. 10-7149.

662 F.3d 564 (2011)

Nikita Shonta PETTIES, by her Parent and Next Friend, Judy MARTIN, et al., Appellees v. DISTRICT OF COLUMBIA, a Municipal Corporation, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 2011.

Attorney(s) appearing for the Case

Carl J. Schifferle , Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellants. With him on the briefs were Irvin B. Nathan , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General. Robert C. Utiger , Attorney, entered an appearance.

Steven Ney argued the cause for appellees. With him on the brief were Jennifer Lav and Bradford P. Johnson .

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The District of Columbia appeals the denial of its motion to vacate a preliminary injunction (and related orders) pursuant to Rule 60(b)(5) of the Federal Rules of Civil Procedure. The injunction was issued in 1995 in response to a class action complaint alleging that the District of Columbia was violating the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., by failing to timely pay private providers of special...

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