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BERNSTEIN BY BERNSTEIN v. MENARD

No. 83-1243.

728 F.2d 252 (1984)

William J. BERNSTEIN, an infant who sues by his parent and next friend, Florence C. BERNSTEIN, Appellant, v. Jack MENARD; Thomas C. Stavredes; William C. Bosher and Denys Grant, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 1984.

Rehearing and Rehearing Denied April 30, 1984.

Attorney(s) appearing for the Case

Robert P. Geary, Richmond, Va. (Geary & Davenport, Richmond, Va., on brief), for appellant.

Joseph P. Rapisarda, Jr., County Atty., Richmond, Va. (J. Thomas Tokarz, Asst. County Atty., Richmond, Va., on brief), for appellees.

Before WIDENER and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 30, 1984.

SPROUSE, Circuit Judge:

William J. Bernstein (Bernstein), a minor, brought suit by his mother and next friend Florence C. Bernstein, against his high school band director, Jack Menard, and his principal, school superintendent, and district school board chairman, claiming a violation of his rights under 42 U.S.C. § 1983. The district court granted defendants' Federal Rule of Civil Procedure 12(b)(6...

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