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LINDSEY v. STATE

No. 3-90-169-CV.

811 S.W.2d 731 (1991)

Paul LINDSEY, Individually and as Guardian of Linda Jill Lindsey, and Gayle Lindsey, Appellants, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 17, 1991.

Attorney(s) appearing for the Case

Samuel D. McDaniel, Bankston Wright & Greenhill, Austin, for appellants.

Jim Mattox, Atty. Gen., David W. Williams, Asst. Atty. Gen., Austin, for appellee.

Before CARROLL, C.J., and JONES and SMITH, JJ.

JONES, Justice.

Paul and Gayle Lindsey, acting individually and on behalf of their daughter, Linda Jill Lindsey, sued the State of Texas alleging: (1) intentional, grossly negligent, or negligent failure to provide Linda Jill with educational services mandated by the Texas Education Code; and (2) discrimination under 42 U.S.C. § 1983 (1981). Based on federal law, the trial court granted a takenothing summary judgment as to the section 1983 claim. The court later...

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