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PETER v. JOHNSON

Civil No. 4-96-642(DSD/JMM).

958 F.Supp. 1383 (1997)

Joan PETER; Sarah Peter, a minor, by and through her parent and natural guardian Joan Peter; Krista Westendorp; Douglas Westendorp; Aaron Westendorp, a minor, by and through his parents and natural guardians Krista Westendorp and Douglas Westendorp; and Choice In Education Foundation, Inc., Plaintiffs, v. Bruce H. JOHNSON, Commissioner, Minnesota Department of Children, Families and Learning; Arne H. Carlson, Governor, State of Minnesota; Independent School District No. 877 (Buffalo, Minnesota); and Independent School District No. 273 (Edina, Minnesota), Defendants.

United States District Court, D. Minnesota, Fourth Division.

March 26, 1997.

Attorney(s) appearing for the Case

Daniel L. Bowles, C. Eric Hawes, Larkin, Hoffman, Daly & Lindgren, Bloomington, MN, for Joan Peter.

Daniel L. Bowles, C. Eric Hawes, Larkin, Hoffman, Daly & Lindgren, Bloomington, MN and Michael S. Paulsen, University of Minnesota Law Center, Minneapolis, MN, for Sarah Peter, Krista Westendorp, Douglas Westendorp, Aaron Westendorp, Choice in Educ. Foundation, Inc.

Lynn A. Zentner, U.S. Attorney Office, Minneapolis, MN, Janis C. Kestenbaum, Theodore C. Hirt, U.S. Dept. of Justice, Washington, D.C., for U.S.

Steven Liss, Rachel Kaplan, Minn. Atty. Gen., St. Paul, MN, for Bruce H. Johnson and Arne H. Carlson.

Paul C. Ratwik, Nancy E. Blumstein, Ratwik, Roszak, Bergstrom & Maloney, Minneapolis, MN, for Independent School Dist. No. 877, Buffalo, MN, Independent School Dist. No. 273, Edina, MN.

ORDER

DOTY, District Judge.

This matter is before the court on plaintiffs' motion for preliminary injunction, plaintiffs' motion for partial summary judgment, and defendants' motions to dismiss. Based on a review of the file, record and proceedings herein, and for the reasons stated, the court denies plaintiffs' motion for preliminary injunction and motion for partial summary judgment; and grants in part, and denies in part defendants' motions to dismiss...

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