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DOE v. DOLTON ELEMENTARY SCHOOL DIST. NO. 148

No. 87 C 8713.

694 F.Supp. 440 (1988)

John and Mary DOE, as parents and Guardians of Student No. 9387, Plaintiffs, v. DOLTON ELEMENTARY SCHOOL DISTRICT NO. 148, a body politic and corporate, William Serne, Superintendent, and Joyce Forbes, Trever Casada, Edward Dorman, Mark Myers, Patrick Ryan, Cheryl Brvozas, and Susan Hasier, in their official capacities as members of the said School Board, Defendants.

United States District Court, N.D. Illinois, E.D.

June 23, 1988.

Attorney(s) appearing for the Case

James L. Elsesser, James L. Elsesser & Assoc., Inc., John T. Harris, Donald P. Smith, Chicago, Ill., for plaintiffs.

Ben A. Goodin, John W. Norris, Brydges, Riseborough, Morris, Franke & Miller, Chicago, Ill., George E. Riseborough, for defendants.

ORDER

NORGLE, District Judge.

This is a motion for a preliminary injunction to return Student # 9387, a student who has Acquired Immune Deficiency Syndrome ("AIDS"), to his regular classes as a full-time student. See Fed.R.Civ.P. 65(a). For the following reasons, the motion is granted.

THE DISEASE

AIDS is a disease caused by a retrovirus that invades certain body cells which are vital to the immune system.1

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