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McDONOUGH v. NEY

Civ. No. 83-0303-B.

599 F.Supp. 679 (1984)

Patrick A. McDONOUGH and Dianne F. McDonough, Plaintiffs, v. Leonard G. NEY, et al., Defendants.

United States District Court, D. Maine.

December 4, 1984.

Attorney(s) appearing for the Case

Patrick A. and Dianne F. McDonough, pro se.

Robert S. Frank, Asst. Atty. Gen., Augusta, Me., for defendants Martin, McCarthy, Beaulieu and Brennan.

Bernard J. Kubetz, Eaton, Peabody, Bradford & Veague, Bangor, Me., for defendant Donald Cushman and Leonard G. Ney.

John Ballou, Nathaniel M. Rosenblatt, Mitchell & Stearns, Bangor, Me., for defendants Kravchuk and Almy.

Paul Blankenstein, Robert Lavet, Civil Div., Dept. of Justice, Washington, D.C., Timothy C. Woodcock, Asst. U.S. Atty., Bangor, Me., for defendants McCloskey, Mitchell and Cohen.

Stanley M. Brand, Gen. Counsel to the Clerk, Steven R. Ross, Deputy Counsel to the Clerk, Michael L. Murray, Asst. Counsel to the Clerk, U.S. House of Representatives, Washington, D.C., for defendant Olympia Snowe.

MEMORANDUM AND ORDER ON MOTIONS TO DISMISS

CYR, Chief Judge.

INTRODUCTION

The present action began with the filing of a pro se complaint on August 2, 1983, approximately one year after the plaintiffs first asserted an unqualified constitutional right to educate their children at home, without having obtained state approval of their "home education plan" in accordance with 20 M.R.S.A. §§ 911(1)(A), (3)(A) & 914 (Supp.1981-82...

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