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TENNESSEE DEPT. OF MENTAL HEALTH v. PAUL B.

No. 94-6040.

88 F.3d 1466 (1996)

TENNESSEE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, Plaintiff-Appellant, v. PAUL B. and The Hamilton County Board of Education, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 12, 1996.

Rehearing and Suggestion for Rehearing Denied September 12, 1996.

Attorney(s) appearing for the Case

William B. Hubbard (argued and briefed), Weed, Hubbard, Berry & Doughty, Nashville, TN, for Tennessee Dept. of Mental Health and Mental Retardation.

Gary D. Buchanan (argued and briefed), Tennessee Protection & Advocacy, Inc., Nashville, TN, for Paul B.

Michael J. Mahn, Gary D. Lander (argued and briefed), Joseph A. SanFilippo, Jr., Chambliss & Bahner, Chattanooga, TN, for Hamilton County Bd. of Educ.

Before: CONTIE, NELSON, and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 12, 1996.*

CONTIE, J., delivered the opinion of the court, in which NELSON, J., joined. BATCHELDER, J. (pp. 1479-1482), delivered a separate opinion concurring in part and dissenting in part.

CONTIE, Circuit Judge.

Plaintiff-appellant, Tennessee Department of Mental Health and Mental Retardation ("TDMHMR"), appeals the district court's grant of summary judgment...

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