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MARK H. v. HAMAMOTO

No. 09-15754.

620 F.3d 1090 (2010)

MARK H., individually and as Guardians Ad Litem of Michelle H. and Natalie H., minors; Rie H., individually and as Guardians Ad Litem of Michelle H. and Natalie H., minors, Plaintiffs-Appellants, v. Patricia HAMAMOTO, in her official capacity as Superintendent of the Hawaii Department of Education; Department of Education, State of Hawaii, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2010.

Attorney(s) appearing for the Case

Davis Levin Livingston , Stanley E. Levin , and Michael K. Livingston , Honolulu, HI, and Keith H.S. Peck , Peck & Associates, Honolulu, HI, for the plaintiffs-appellants.

Mark J. Bennett , Attorney General of Hawaii, and Dorothy Sellers , Hawaii Solicitor General, Honolulu, HI, for the defendants-appellees.

Before BETTY B. FLETCHER, HARRY PREGERSON, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

Following remand from our court, Mark H. v. Haw. Dep't of Educ., 513 F.3d 922 (9th Cir.2008), Mark H. and Rie H., individually and as guardians ad litem for their daughters Michelle H. and Natalie H., (collectively "H. Family") filed an amended complaint against the Hawaii Department of Education (acting through its employees), and Patricia Hamamoto, in her official capacity...

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