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GIER BY AND THROUGH GIER v. EDUCATIONAL SER. UNIT

No. 94-3497.

66 F.3d 940 (1995)

Joel L. GIER, By and Through His Parents and Next Friends; Jack L. GIER; Mary E. Gier; Amanda Petska, By and Through Her Parents and Next Friends; Roger D. Petska; Kathleen R. Petska; Lisa L. Kummer, By and Through Her Parent and Next Friend; Theresa M. Kummer; Heather A. Duncan, By and Through Her Parents and Next Friends; James P.L. Duncan; Kathryn J. Duncan; Thomas W. Lute, By and Through His Parents and Next Friends; Lewis O. Lute; Carol V. Lute; Kelly V. Christianson, By and Through Her Parent and Next Friend; Virginia L. Christianson; Harold Lutkehus, II, By and Through His Parent and Next Friend; Connie K. Lutkehus, Appellants, v. EDUCATIONAL SERVICE UNIT NO. 16; Marge Lehman; Marge Veatty, Appellees. Department of Social Services, State of Nebraska, Interested Party.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1995.

Attorney(s) appearing for the Case

Dana C. Bradford, III, Omaha, NE, argued (James R. Welsh, on the brief), for appellant.

William Thomas Wright, Kearney, NE and Brian David Nolan, Omaha, NE, argued, for appellee.

Before BOWMAN, MAGILL, and LOKEN, Circuit Judges.

BOWMAN, Circuit Judge.

Appellants, who are the plaintiffs in this case, seek reversal of the order of the District Court1 granting summary judgment in favor of the defendants, Educational Service Unit No. 16 (ESU), a political subdivision of the State of Nebraska that provides educational services to handicapped individuals, and Marge Beatty and Marge Lehman, supervisors of ESU. For the reasons set forth below, we affirm the judgment of...

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