MIENER BY AND THROUGH MIENER v. STATE OF MO.

No. 85-1788.

800 F.2d 749 (1986)

Terri Ann MIENER, By and Through her next friend, parent, and guardian, Clyde J. MIENER, Appellant, v. STATE OF MISSOURI; Joseph P. Teasdale, Governor; Department of Elementary and Secondary Education of the State of Missouri; Arthur L. Mallory, Commissioner of Education of the Department of Elementary and Secondary Education of the State of Missouri; Dr. Leonard Hall, Assistant Commissioner of Education; and the Division of Special Education of the Department of Elementary and Secondary Education of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 4, 1986.


Attorney(s) appearing for the Case

Steven L. Leonard, Clayton, Mo., for appellant.

George Von Stamwitz, St. Louis, Mo., for appellees.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.


ARNOLD, Circuit Judge.

Terri Ann Miener, by and through her guardian, father, and next friend, Clyde J. Miener, brought this action in 1979, charging that several state and local government entities denied educational services due her as a handicapped child. She now appeals from two District Court orders that, taken together, dismiss her complaint for failure to state a claim. In part, she challenges the decision of this...

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