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ANDREWS v. LEDBETTER

No. 88-8319.

880 F.2d 1287 (1989)

Elizabeth ANDREWS, Norma W. Bergman, Lyman Howard, Phil McGregor, Donna L. Wagner, David Williamson, H. Paul Womack, Jr., in their official capacities as members of the DeKalb County Board of Education, DeKalb County Board of Education, DeKalb County School District, Preston W. Williams, Carolyn Crowder, Joseph G. Martin, Jr., Richard E. Roymer, D.F. Glover, Robert Waymer, June Cofer, Ina Evans, Carolyn Yancey, in their official capacities as members of the Atlanta Board of Education, Atlanta Board of Education, Louise Radloff, Jeff Moore, Bob Wood, Stan Jones, Daniel Parks, In their official capacities as members of the Gwinnett County Board of Education, Gwinnett County Board of Education, Gwinnett County School District, Plaintiffs-Appellants, v. James LEDBETTER, etc., et al., Defendants-Appellees, Association for Retarded Citizens of Georgia, Inc., Intervenor.

United States Court of Appeals, Eleventh Circuit.

August 21, 1989.

Attorney(s) appearing for the Case

Victoria Sweeny, Tennant, Davidson, Thompson & Sweeny, P.C., Lawrenceville, Ga., for Radloff, et al.

Charles L. Weatherly and Julie J. Jennings, Weekes & Candler, Decatur, Ga., for Andrews, et al.

Jonathan A. Zimring, Atlanta, Ga., for intervenor, Ass'n for Retired citizens.

Warren C. Fortson, Fortson and White, Atlanta, Ga., for Atlanta Bd. of Educ.

Patrick W. McKee, Georgia's Atty. Gen. Office, Atlanta, Ga., for Dr. Rogers, Georgia Bd. of Educ.

Patricia Downing, Georgia's Atty. Gen. Office, Atlanta, Ga., for Ledbetter.

Before RONEY, Chief Judge, and HILL, Circuit Judge, and MARCUS, District Judge.

HILL, Circuit Judge:

Appellants, collectively referred to as the local educational agencies or LEAs, appeal the district court's grant of the state appellees' motion to dismiss or for summary judgment.1 We hold that appellants do not possess a statutory right to bring this suit and affirm.

The LEAs sought a declaratory judgment in district court that the Georgia Department of Education (DOE) and Georgia Department of Human Resources...

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