McDOWELL v. FORT BEND INDEPENDENT SCHOOL DIST.

Civ. A. No. H-89-3670.

737 F.Supp. 386 (1990)

Melody McDOWELL, b/n/f Steve and Eileen McDOWELL, and Steve and Eileen McDowell, Plaintiffs, v. FORT BEND INDEPENDENT SCHOOL DISTRICT, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

April 30, 1990.


Attorney(s) appearing for the Case

Beatrice Mladenka-Fowler, Houston, Tex., for plaintiffs.

Baker, Brown, Sharman & Parker, Jeffrey L. Rogers, Houston, Tex., for defendants.


ORDER

HOYT, District Judge.

Pending before the Court is the defendants' motion to dismiss for failure to state a claim upon which relief can be granted.

The plaintiffs bring this suit under 42 U.S.C. § 1983, The Education of the Handicapped Act, 20 U.S.C. §§ 1400-1420 ("EHA"), § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the due process and equal protection clauses of the 5th and 14th Amendments. The plaintiffs...

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