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  5. 646 F.Supp. 1179 (1986)
 

S-1 BY AND THROUGH P-1 v. TURLINGTON

No. 79-8020-Civ.

646 F.Supp. 1179 (1986)

S-1, a minor, By and Through his mother and next friend, P-1, et al., Plaintiffs, v. Ralph D. TURLINGTON, individually and in his capacity as Commissioner of Education, et al., Defendants.

United States District Court, S.D. Florida.

May 23, 1986.

Attorney(s) appearing for the Case

Kathleen B. Boundy and Robert Pressman, Center for Law and Education, Cambridge, Mass., for plaintiffs.

John W. Bowen, Melvin, Bowen & Melvin, Ft. Lauderdale, Fla., for defendants.

ORDER ON MOTION TO DISMISS

ATKINS, District Judge.

This cause is before the court on defendants' motion to dismiss. In an order dated November 16, 1981, this court denied defendants' prior motion to dismiss which was based upon similar grounds. However, it is appropriate to consider the pending motion to dismiss because the posture of the case has changed significantly. The present matter concerns only the state defendants, because the local defendants have...

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