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JAMES v. UPPER ARLINGTON CITY SCHOOL DIST.

No. 98-3048.

228 F.3d 764 (2000)

Joseph JAMES, a minor by and through his parents, Nancy JAMES and Cameron James; Nancy James; Cameron James, Plaintiffs-Appellants, v. UPPER ARLINGTON CITY SCHOOL DISTRICT, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 28, 2000.

Rehearing and Suggestion for Rehearing Denied November 20, 2000.

Attorney(s) appearing for the Case

Peter W.D. Wright (argued and briefed), Deltaville, Virginia, William M. Mattes (briefed), Dinsmore & Shohl, Columbus, Ohio, for Plaintiffs-Appellants.

John C. Albert (argued and briefed), Crabbe, Brown, Jones, Potts & Schmidt, Columbus, Ohio, Julie Carleton Martin (briefed), Scott, Scriven & Wahoff, Columbus, Ohio, for Defendants-Appellees.

Before: GUY, BOGGS, and SUHRHEINRICH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 20, 2000.

BOGGS, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. RALPH B. GUY, Jr., J. (pp. 770-71), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOGGS, Circuit Judge.

Nancy and Cameron James removed their son Joseph from the Upper Arlington school system in November 1989, because he was in the fourth grade and still...

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