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DONALD B. v. BD. OF SCHOOL COM'RS OF MOBILE COUNTY

No. 96-6358.

117 F.3d 1371 (1997)

DONALD B., a minor, By and Through his mother and next friend, CHRISTINE B.; Christine B., is Donald B.'s maternal parent and by state statute, Donald B.'s legal guardian, Plaintiffs-Appellants, v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY, ALABAMA; Paul J. Sousa, in his official capacity as Superintendent; N.Q. Adams, in his official capacity as a Member of the Board of School Commissioners of Mobile County; Marion P. Warren, in her official capacity as a Member of the Board of School Commissioners of Mobile County; Joseph C. Mitchell, in his official capacity as a Member of the Board of School Commissioners of Mobile County; Hazel H. Fornier, in her official capacity as a Member of the Board of School Commissioners of Mobile County; Jeanne E. Andrews, in her official capacity as a Member of the Board of School Commissioners of Mobile County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 29, 1997.

Attorney(s) appearing for the Case

Stephen M. Tunstall, Mobile ,AL, Ginger Tomlin, Birmingham, AL, for Plaintiffs-Appellants.

Robert C. Campbell, III, Steven L. Terry, Mobile, AL, for Defendants-Appellees.

Before COX, Circuit Judge, KRAVITCH, Senior Circuit Judge, and STAGG, Senior District Judge.

KRAVITCH, Senior Circuit Judge.

Donald B., by and through his mother, Christine B., appeals the district court's order granting judgment as a matter of law to the Board of School Commissioners of Mobile County, Alabama ("the Board"), its superintendent and its members on Donald B.'s claim under the Individuals with Disabilities Education Act ("the IDEA" or "the Act"), 20 U.S.C. §§ 1400-1491, as amended by 111 Stat. 37 (1997).1

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