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MURRAY v. MONTROSE COUNTY SCHOOL DIST.

Nos. 93-1466, 93-1474.

51 F.3d 921 (1995)

Tyler MURRAY, by and through his parents and next friends, John and Myrna MURRAY, Plaintiff-Appellant, Cross-Appellee, v. MONTROSE COUNTY SCHOOL DISTRICT RE-1J, a School District of the State of Colorado, Defendant-Appellee, Cross-Appellant. Center for Law and Education, Inc.; Disability Rights Education and Defense Fund; National Association of Protection and Advocacy Systems; Colorado Developmental Disabilities Planning Council, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 8, 1995.

Attorney(s) appearing for the Case

Michael W. Breeskin (Chester R. Chapman and Kristin A. Kutz with him on the briefs), The Legal Center Serving Persons with Disabilities, Denver, CO, for appellant/cross-appellee.

Susan S. Schermerhorn (Gerald A. Caplan and Alexander Halpern with her on the briefs), Caplan and Earnest, Boulder, CO, for appellee/cross-appellant.

Maura J. Kelly, Kathleen B. Boundy, and Kathleen Noonan, Center for Law and Educ., Cambridge, MA, on the brief for The Center for Law and Educ. and the Disability Rights Educ. and Defense Fund, amici curiae.

William P. Bethke, Denver, CO, on the brief for the Colorado Developmental Disabilities Planning Council, amicus curiae.

Stewart R. Hakola, Michigan Protection & Advocacy Service, Marquette, MI, on the brief for the National Ass'n of Protection and Advocacy Systems, amicus curiae.

Before ANDERSON and McWILLIAMS, Circuit Judges, and BROWN, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Plaintiff and appellant Tyler Murray, by and through his parents and next friends John and Myrna Murray, appeals from the dismissal of his action under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1485, against the Murray County School District, in which he challenged the District's decision to move him from his neighborhood school in Olathe, Colorado, to a school with a program for children...

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