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DUKE v. GRADY MUN. SCHOOLS

No. 96-2135.

127 F.3d 972 (1997)

Bonnie DUKE, Plaintiff-Appellant, v. GRADY MUNICIPAL SCHOOLS; Grady School Board; George York, Superintendent of the Grady Municipal Schools; Pat Woods, Jerry Powell, Alan Sumrall, Phil Berry, Brent Armstrong, Individually and in their official capacities as Members of the Grady Municipal School Board, Defendants-Appellees. New Mexico Trial Lawyers Association, New Mexico School Boards Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

October 20, 1997.

Attorney(s) appearing for the Case

Warren F. Frost, Warren F. Frost, P.C., Clovis, NM, for Plaintiff-Appellant.

David F. Richards, Van Soelen, Greig & Richards, P.A., Clovis, NM, for Defendants-Appellees.

Michael B. Browde, Albuquerque, NM; William H. Carpenter, Carpenter & Chavez, Albuquerque, NM; and Valerie A. Chang, Pasternack & Blake, P.C., Albuquerque, NM, on brief for Amicus Curiae New Mexico Trial Lawyers Association.

Robert D. Castille, Simons, Cuddy & Friedman, LLP, Santa Fe, NM, on brief for Amicus Curiae New Mexico School Boards Association.

Before PORFILIO, ANDERSON, and BALDOCK, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This is an interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), from an order of the district court in New Mexico, dismissing the 42 U.S.C. § 1983 claims of plaintiff, Bonnie Duke, against the Grady Public Schools, the Grady School Board, and the individual school board members in their official capacities.1 The sole issue presented in this appeal is whether local school boards and districts...

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