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HAYES v. UNIFIED SCHOOL DIST. NO. 377

Nos. 87-2290, 87-2370 and 87-2372.

877 F.2d 809 (1989)

Dennis HAYES, a Minor and Sally Hayes, a Minor, Through Their Parents Walter HAYES and Lucy Hayes, as Best Friends, Plaintiffs-Appellants-Cross-Appellees, v. UNIFIED SCHOOL DISTRICT NO. 377, Atchison-Jefferson Educational Cooperative; Tanya Sherman, Teacher; Margaret L. Paul, School Psychologist; Beverly Jeffery, Para-professional; Harold Carlson, Principal; Robert L. Blunt, School District Superintendent; John McFarland, Director, P.S.A. Program; All individually and in their official Capacities as Employees and Agents of Defendants, Unified School District No. 377 and Atchison-Jefferson Educational Cooperative, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

June 6, 1989.

Attorney(s) appearing for the Case

Pantaleon Florez, Jr. of Irigonegaray, Eye & Florez, Topeka, Kan., for plaintiffs-appellants-cross-appellees.

J. Franklin Hummer, Patricia E. Baker, and Shelden Le Bron, Topeka, Kan., for defendants-appellees-cross-appellants.

Before LOGAN, MOORE and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This is an appeal from the granting of the defendants' motion for summary judgment on an action brought under 42 U.S.C. § 1983 and Kansas state law.1 The defendants cross-appeal, contending that the action should be dismissed because the plaintiffs failed to exhaust their administrative remedies under the relevant provision of the Education of the Handicapped Act (EHA), 20 U.S.C. § 1415.

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