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FAY v. SOUTH COLONIE CENT. SCHOOL DIST.

Nos. 951, 1056, Docket 85-9009, 85-9033.

802 F.2d 21 (1986)

Robert E. FAY, Theresa M. Fay, and Thomas R. Fay, by their natural parent and next friend, Robert E. Fay, Plaintiffs-Appellants, Cross-Appellees, v. SOUTH COLONIE CENTRAL SCHOOL DISTRICT, Gordon M. Ambach, as he is the Commissioner of Education, State of New York; and Thomas P. Mitchell, as he is the Superintendent of Schools, South Colonie Central School District, Defendants-Appellees, South Colonie Central School District and Thomas P. Mitchell, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 24, 1986.

Attorney(s) appearing for the Case

Jerome Aaron, Somerville, Mass., for plaintiffs-appellants, cross-appellees.

Paul J. Laudato, Albany, N.Y. (Tabner and Laudato, Albany, N.Y., of counsel), for defendants-appellees, cross-appellants South Colonie Cent. School Dist. and Thomas P. Mitchell.

Calvin M. Berger, Asst. Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Robert Hermann, Sol. Gen., William J. Kogan, Asst. Sol. Gen., State of N.Y., Albany, N.Y., of counsel), for defendant-appellee Gordon M. Ambach.

Before OAKES, MESKILL and NEWMAN, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal and cross-appeal from a judgment of the United States District Court for the Northern District of New York, Miner, J. The plaintiffs below were Robert E. Fay (Fay) and his children, Theresa M. Fay and Thomas R. Fay. The defendants were the South Colonie Central School District, its superintendent (hereinafter the district and its superintendent are collectively described as...

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