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W.G. v. BD. OF TRUSTEES OF TARGET RANGE SCHOOL D.

No. 91-35286.

960 F.2d 1479 (1992)

W.G.; B.G., individually and as parents of R.G., a minor, Plaintiffs-Appellees, v. BOARD OF TRUSTEES OF TARGET RANGE SCHOOL DISTRICT NO. 23, MISSOULA, MONTANA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission November 8, 1991.

Resubmitted March 31, 1992.

Decided April 7, 1992.

Attorney(s) appearing for the Case

Michael W. Sehestedt, Deputy Co. Atty., Missoula, Mont., for defendant-appellant.

Andree Larose, Montana Advocacy Program, Helena, Mont., for plaintiffs-appellees.

Before: WALLACE, Chief Judge, HUG, and RYMER, Circuit Judges.

HUG, Circuit Judge:

The Board of Trustees of Target Range School District No. 23, in Missoula, Montana, appeals from the decision of the district court, holding that procedural flaws in the formulation of an individualized education program resulted in the denial of a FAPE, under the Education for All Handicapped Children Act ("Act"), 20 U.S.C. § 1401 et seq.,1 and that the tutoring subsequently

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