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SHRUM EX REL. KELLY v. KLUCK

No. 00-1874.

249 F.3d 773 (2001)

Kimberly Ann SHRUM, as Next Friend of Justin Patrick KELLY, a minor, Plaintiff-Appellant, v. Michael KLUCK, Defendant. David Wade, Individually and as Superintendent of the Elwood, Nebraska, Public School District; The Elwood, Nebraska, Public School District, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 8, 2001.

Attorney(s) appearing for the Case

Frederic H. Kauffman, argued, Lincoln, NE (Susan K. Sapp, on the brief), for appellant.

Dean J. Sitzmann, Lincoln, NE, for appellee.

Before McMILLIAN and MURPHY, Circuit Judges, and BOGUE, District Judge.

McMILLIAN, Circuit Judge.

Appellant Kimberly Ann Shrum, on behalf of her minor son Justin Patrick Kelly, appeals from a grant of summary judgment entered in District Court2 for the District of Nebraska in favor of defendants, holding that the Elwood, Nebraska, Public School District ("Elwood") and its superintendent were not liable under either 42 U.S.C. § 1983 or Title IX (20 U.S.C. § 1681(a)) for damages resulting from her...

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