UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): June 22, 2009
FLOWSERVE CORPORATION
(Exact Name of Registrant as Specified in its Charter)
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New York
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1-13179
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31-0267900 |
(State or Other Jurisdiction
of Incorporation)
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(Commission File Number)
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(IRS Employer
Identification No.) |
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5215 N. OConnor Blvd., Suite 2300, Irving, Texas
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75039 |
(Address of Principal Executive Offices)
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(Zip Code) |
(972) 443-6500
(Registrants telephone number, including area code)
N/A
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events.
As previously reported, Flowserve Corporation (the Company) is a defendant in a class action
lawsuit that was filed in federal court in the Northern District of Texas (the District Court) in
August 2003 alleging violations of federal securities laws. As also previously reported, the
plaintiffs in that lawsuit appealed the District Courts November 13, 2007 and January 4, 2008
rulings, which had denied the plaintiffs motion to certify the case as a class action and had
granted summary judgment in the Companys favor. On June 19, 2009 the federal Fifth Circuit Court
of Appeals (the Court of Appeals) issued an opinion vacating the District Courts denial of class
certification, reversing in part and vacating in part the District Courts entry of summary
judgment, and remanding the case to the District Court for further proceedings consistent with the
Court of Appeals opinion. As a result of the Court of Appeals opinion, the case will be returned
to the District Court for further consideration of certain issues, including whether the plaintiffs
can demonstrate that the case should be certified as a class action. The Company continues to
believe that the lawsuit is without merit and that it has strong defenses to the case, and will
continue to vigorously defend the case. Further description of the foregoing litigation as set
forth in the Legal Proceedings section of the Companys previously filed Quarterly Report on Form
10-Q for the period ended March 31, 2009 is incorporated herein by reference.