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DETSEL v. AUBURN ENL. CITY SCH. DIST. BD. OF EDUC.

No. 1262, Docket 86-7619.

820 F.2d 587 (1987)

Melissa DETSEL, an Infant, by her mother and next friend Mary Jo DETSEL, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF the AUBURN ENLARGED CITY SCHOOL DISTRICT, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 12, 1987.

Attorney(s) appearing for the Case

Ann Crawford, New York City (Skadden, Arps, Slate, Meagher & Flom, Herbert Semmel, New York Lawyers for the Public Interest, New York City, Legal Services of Central New York, Syracuse, N.Y., on the brief), for plaintiffs-appellants.

Edward C. Hooks, Ithaca, N.Y. (James Charles Holahan, Treman & Clynes, Harris, Beach, Wilcox, Rubin and Levey, Ithaca, N.Y., on the brief), for defendants-appellees Bd. of Educ. of the Auburn Enlarged City School Dist. and Peter Kachris.

Seth Rockmuller, Albany, N.Y. (James H. Whitney, Albany, N.Y., on the brief), for defendant-appellee Com'r of Educ.

Norman H. Gross, Albany, N.Y., filed a brief for New York State School Boards Ass'n as amicus curiae on behalf of defendants-appellees.

Before VAN GRAAFEILAND, KEARSE and MAHONEY, Circuit Judges.

PER CURIAM:

Plaintiff Melissa Detsel, a severely handicapped child, suing by her mother and next friend Mary Jo Detsel, appeals from a final judgment of the United States District Court for the Northern District of New York, Neal P. McCurn, Judge, dismissing her complaint seeking to compel defendants Board of Education of the Auburn Enlarged City School District, et al., to provide her with nursing services pursuant to the Education of All Handicapped...

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