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NEELY v. RUTHERFORD COUNTY SCHOOL

No. 94-5755.

68 F.3d 965 (1995)

Samantha NEELY, George Neely, Carol Neely, Plaintiffs-Appellees, v. RUTHERFORD COUNTY SCHOOL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 2, 1995.

Attorney(s) appearing for the Case

Gary D. Buchanan (argued and briefed), Tenn. Protection and Advocacy, Nashville, TN, for plaintiffs-appellees.

Jeffrey L. Reed (argued and briefed), Murfree, Cope, Hudson & Scarlett, Murfreesboro, TN, for defendant-appellant.

Before WELLFORD, MILBURN, and SUHRHEINRICH, Circuit Judges.

WELLFORD, Circuit Judge.

We are called upon here to interpret the scope of the "medical services" exclusion to the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1401(a)(17).1 Plaintiff Samantha Neely is a seven year old child who attends school in Rutherford County. Samantha suffers from a medical condition which required that she receive a tracheostomy. As a result of her condition, Samantha must undergo regular...

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