AKINSEYE v. DISTRICT OF COLUMBIA

No. 02-7040.

339 F.3d 970 (2003)

Oyin AKINSEYE, et al., Appellants, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 2003.


Attorney(s) appearing for the Case

Robert I. Berlow argued the cause for the appellants. Arthur H. Fawcett, Jr. and Myrna Lee Fawcett were on brief.

Donna M. Murasky, Assistant Corporation Counsel, District of Columbia, argued the cause for the appellee. Charles L. Reischel, Deputy Corporation Counsel, at the time the brief was filed, was on brief.

Eileen L. Ordover was on brief for amici curiae Senators Edward M. Kennedy et al. in support of the appellants.

Carl W. Hampe was on the brief for amici curiae Council of Parent Attorneys and Advocates et al. in support of the appellants.

Before: HENDERSON, RANDOLPH and GARLAND, Circuit Judges.


Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

Dissenting opinion filed by Circuit Judge GARLAND.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The appellants, minor children and the parents, guardians and court-appointed advocates of minor children, challenge the district court's order dismissing their complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). The appellants had initiated administrative proceedings...

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