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PETER v. JAX

No. 98-3268.

187 F.3d 829 (1999)

Joan PETER; Sarah Peter, a minor, by and through her parent and natural guardian Joan Peter; Krista Westendorp; Douglas Westendorp; Aaron Westendorp, a minor, by and through his parents and natural guardians Krista Westendorp and Douglas Westendorp, Appellants, v. Christine JAX, Commissioner of Minnesota Department of Children, Families and Learning; Jesse Ventura, Governor, State of Minnesota; Independent School District, No. 877, Buffalo, Minnesota; Independent School District, No. 273, Edina, Minnesota. Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 13, 1999.

As Amended: September 20, 1999.

Rehearing and Rehearing Denied September 30, 1999.

Attorney(s) appearing for the Case

J. Matthew Szymanski, McLean, Virginia, (Michael Stokes Paulsen, Minneapolis, Minnesota, on the brief), for Appellants.

Steven B. Liss, St. Paul, Minnesota, argued (Hubert H. Humphrey, III, Attorney General for the State of Minnesota, on the brief), for Appellees.

Before BOWMAN, Chief Judge, ROSS and MAGILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 30, 1999.*

ROSS, Circuit Judge.

Disabled students, Sarah Peter and Aaron Westendorp, and their parents (appellants) appeal from an order of the district court1 denying them attorney's fees under 42 U.S.C. § 1988 against the Governor of Minnesota and the Commissioner of the Department of Children, Families and Learning (the State). Peter v. Wedl...

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