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BIVENS BY GREEN v. ALBUQUERQUE PUBLIC SCHOOLS

No. CIV 94-038 SC/LFG.

899 F.Supp. 556 (1995)

Richard BIVENS, a Minor, By and Through his Next Friend and Mother, Susan GREEN, Plaintiff, v. ALBUQUERQUE PUBLIC SCHOOLS, et al., Defendants.

United States District Court, D. New Mexico.

August 25, 1995.

Attorney(s) appearing for the Case

Philip B. Davis, Albuquerque, NM, Melchior F.R. Savarese, III, Albuquerque, NM, Lisa M. Enfield, Albuquerque, NM, Kathleen F. Campion, Corrales, NM, for plaintiff Richard Bivens.

Eleanor K. Bratton, Max J. Madrid, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, NM, for defendants Albuquerque Public Schools, Jack Bobroff, Superintendent, Albuquerque Public Schools, Martha Bass, Principal, Del Norte High School, Linda Lefton, Assistant Principal, Del Norte High School, Patricia Luna, Albuquerque Public Schools North Region Coordinator.

MEMORANDUM OPINION AND ORDER

CAMPOS, Senior District Judge.

This case is before the Court on (1) Defendants' Motion to Dismiss, filed March 23, 1994, and (2) Plaintiff's Motion for Leave to Amend Complaint, filed July 14, 1995. The Court has considered matters outside the pleadings presented by the parties on both sides and thus has treated the motion to dismiss as one for summary judgment....

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