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BAXTER BY BAXTER v. VIGO COUNTY SCHOOL CORP.

No. 93-2540.

26 F.3d 728 (1994)

Chelsie BAXTER, by her parents, Wilma Baxter and James Baxter, Plaintiffs-Appellants, v. VIGO COUNTY SCHOOL CORPORATION, Ray Azar, in his individual and official capacities, Vigo County Welfare Department, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 1994.

Attorney(s) appearing for the Case

Kenneth M. Stanley, Terre Haute, IN, Yvonne Ferguson-Watkins (argued), Ferguson-Watkins & Harrold, Indianapolis, IN, for plaintiffs-appellants.

Nellie L. Simbol (argued), Terre Haute, IN, for Vigo County Welfare Dept.

Rebecca S. Bowman, Office of the Atty. Gen., Agency Litigation, Indianapolis, IN, for Indiana Dept. of Public Welfare, Pamela Connelly.

Nana Quay-Smith, Karl L. Mulvaney (argued), Jane Ann Himsel, Mary H. Watts, Bingham, Summers, Welsh & Spilman, Indianapolis, IN, Frederick T. Bauer, Terre Haute, IN, for Vigo County School Corp.

Before CUDAHY and RIPPLE, Circuit Judges, and WILLIAMS, District Judge.

RIPPLE, Circuit Judge.

Wilma and James Baxter, on behalf of their child, Chelsie, appeal the dismissal of their civil rights action brought under 42 U.S.C. § 1983. Although our analysis is different in several respects from that of the district court, we conclude that its judgment ought to be affirmed.

I

BACKGROUND

Because the Baxters appeal from the dismissal of their complaint for failure to state a claim, we must accept as true...

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