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WISE v. OHIO DEPT. OF EDUC.

Nos. 94-4045, 94-4096 and 94-4101.

80 F.3d 177 (1996)

Leslie WISE, Sara Waters, David Wise, Patricia Wise, Lloyd Waters, and Barbara Dinkgrave, Plaintiffs-Appellees, v. OHIO DEPARTMENT OF EDUCATION (94-4101), Lorain County Board of Mental Retardation and Developmental Disabilities (94-4045), and Avon Local Board of Education (94-4096), Defendants-Appellants, Our Lady of the Wayside Children's Home, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 4, 1996.

Rehearing and Suggestion for Rehearing Denied June 10, 1996.

Attorney(s) appearing for the Case

Susan L. Gragel (argued and briefed), Gold, Rotatori, Schwartz & Gibbons, Cleveland, OH, for Plaintiffs-Appellees.

John P. Ware (argued and briefed), Office of the Attorney General of Ohio, Columbus, OH, for Defendant-Appellant Ohio Department of Education.

John P. Ware, Office of the Attorney General of Ohio, Columbus, OH, Thomas M. Mangan (briefed), Office of the Prosecuting Attorney, Elyria, OH, for Defendants-Appellants Lorain County Board of Mental Retardation and Developmental Disabilities.

John P. Ware, Office of the Attorney General of Ohio, Columbus, OH, for Defendant-Appellant Avon Local Board of Education.

Richard T. Prasse (briefed), Hahn, Loeser & Parks, Cleveland, OH, for Defendant-Appellee Our Lady of the Wayside Children's Home.

David K. Smith, Warhola, O'Toole, Loughman, Alderman & Stumphauzer, Lorain, OH, for Defendant-Appellant Avon Local Board of Education.

Before: KENNEDY and SUHRHEINRICH, Circuit Judges; GILMORE, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied June 10, 1996.*

KENNEDY, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. GILMORE, D.J. (p. 186), delivered a separate dissenting opinion.

KENNEDY, Circuit Judge.

Defendants, the Ohio Department of Education, Lorain County Board of Mental Retardation and Developmental Disabilities, and Avon Local Board of Education, appeal the District Court...

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