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CANUTILLO INDEPENDENT SCHOOL DIST. v. LEIJA

No. 95-50791.

101 F.3d 393 (1996)

CANUTILLO INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant, v. Martha LEIJA and Jerry Leija as next friends of Rosemarie Leija, a minor, Plaintiffs-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied January 8, 1997.

Attorney(s) appearing for the Case

Thomas E. Stanton, El Paso, TX, Mark Berry, El Paso, TX, for plaintiffs-appellees.

Michael Kuhn, Bracewell and Patterson, Houston, TX, Henry C. Hosford, Baskind, Samaniego & Hosford, El Paso, TX, for defendant-appellant.

David M. Feldman, Richard Alan Morris, Feldman & Associates, Houston, TX, for Texas Ass'n of Sch. Brds., Texas Ass'n of Sch. Administrators, and Texas Council of Sch. Attys., amicus curiae.

Before GARWOOD, BARKSDALE and DENNIS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 8, 1997.*

RHESA HAWKINS BARKSDALE, Circuit Judge:

This interlocutory appeal by the Canutillo Independent School District turns on whether, under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., a school district is strictly liable for its teacher's sexual abuse of a student; and, if not, whether another teacher's being told about...

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