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DOE EX REL. DOE v. PULASKI COUNTY SPECIAL SCHOOL

No. 01-1048.

263 F.3d 833 (2001)

John DOE, a minor, by his mother and next friend, Jane DOE, Appellee, v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2001.

Rehearing Granted and Opinion Vacated: November 5, 2001.

Attorney(s) appearing for the Case

Gregory T. Jones, Troy A. Price, Little Rock, AR, for appellant.

Morgan E. Walch, Little Rock, AR, for appellee.

Before HANSEN and HEANEY, Circuit Judges, and TUNHEIM, District Judge.

Rehearing En Banc Granted and Opinion Vacated: November 5, 2001.

HEANEY, Circuit Judge.

J.M. was expelled from the Pulaski County Special School District (PCSSD) based on certain writings he composed that allegedly threatened an eighth-grade classmate. J.M., through his parents, challenged his expulsion in district court,2 which concluded that J.M.'s composition had not been a true threat, and voided his expulsion. PCSSD appeals...

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