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JIM C. v. U.S.

No. 98-1830EA.

235 F.3d 1079 (2000)

JIM C., individually and as parent and next friend of J.C., and Susan C, individually and as parent and next friend of J.C., Appellees, v. UNITED STATES of America, Intervenor on Appeal, Atkins School District, and Arch Ford Education Service Cooperative, Defendants, Arkansas Department of Education, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 22, 2000.

Attorney(s) appearing for the Case

Dennis R. Hansen, argued, Little Rock, AR (Tim Humphries, on the brief), for Appellant.

Thomas K. Gilhool, argued, Philadelphia, PA (Thomas H. McGowan, on the brief), Michael Churchill, Judith A. Gran, Max Lapertosa, on petition for rehearing.

Seth Galanter, argued (Jessica Dunsay Silver, on the brief), for intervenor.

Before WOLLMAN, Chief Judge, McMILLIAN, RICHARD S. ARNOLD, BOWMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, and BYE, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge, joined by WOLLMAN, Chief Judge, and McMILLIAN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

Plaintiffs, parents of a child with autism, brought this suit against the defendant, the Arkansas Department of Education. They alleged that the defendant had failed to comply with its obligations under certain statutes, including Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The defendant moved to dismiss...

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