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LICHTLER v. COUNTY OF ORANGE

Nos. 91 Civ. 7645 (VLB), 91 Civ. 7646 (VLB).

813 F.Supp. 1054 (1993)

Donna V. LICHTLER, as Administratrix of the Estate of Joanna Teresa Lichtler, Deceased; et al., Plaintiffs, v. The COUNTY OF ORANGE, et al., Defendants. Amber LITCHHULT, an infant By her Parent and Natural Guardian Gilbert LITCHHULT and Gilbert Litchhult, Individually, et al., Plaintiffs, v. The COUNTY OF ORANGE, et al., Defendants.

United States District Court, S.D. New York.

February 25, 1993.

Attorney(s) appearing for the Case

Mark A. Allen, Coale, Allen, Van Susteren, Washington, DC, Michael C. Zwal, Levien & Zwal, New York City, for plaintiffs.

Lisa L. Gollihue, MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, NY, for defendant County of Orange.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

These cases involve a disaster at the East Coldenham Elementary School arising out of a tornado and wind storm which struck the area on November 16, 1989. Plaintiffs assert that because of New York's compulsory education laws, the Fourteenth Amendment requires reasonable care of children in public schools and that this duty was violated, thus triggering liability under 42 USC § 1983...

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