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DOE v. BELLEVILLE PUBLIC SCHOOL DIST. NO. 118

Civ. No. 87-3836.

672 F.Supp. 342 (1987)

Johnny DOE, a minor, by his mother and next friend, Ms. Jane DOE, Plaintiff, v. BELLEVILLE PUBLIC SCHOOL DISTRICT NO. 118 and The Board of Education of Belleville Public School District No. 118, Defendants.

United States District Court, S.D. Illinois, East St. Louis Division.

November 6, 1987.

Attorney(s) appearing for the Case

Robert J. Hillebrand, Hillebrand and Stubblefield, Belleville. Harvey Grossman, Alan K. Chen, The Roger Baldwin Foundation of ACLU, Inc., Chicago, for plaintiff.

William D. Stiehl, Jr., Peter I. Albrecht, Jeffrey R. Zehe St., Michael R. Grimm, McRoberts, Sheppard, Wimmer, Belleville, for defendants.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

This matter is before the Court on defendants' Motion to Dismiss (Document No. 4a). The basis for the motion is that the plaintiff has failed to exhaust his administrative remedies as required by The Education for All Handicapped Children Act (EAHCA), 20 U.S.C. § 1415(e)(2). See also Smith v. Robinson, 468 U.S. 992, 104 S.Ct. 3457, 82 L.Ed.2d 746 (1984); Timms v. Metro...

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