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ULLMO EX REL. ULLMO v. GILMOUR ACADEMY

No. 00-3946.

273 F.3d 671 (2001)

Thomas ULLMO, Jacqueline Ullmo, and Jason Ullmo, By and Through his parents and legal guardians, Thomas and Jacqueline ULLMO, Plaintiffs-Appellants, v. GILMOUR ACADEMY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 7, 2001.

Attorney(s) appearing for the Case

Stephen O. Walker (argued and briefed), Beachwood, OH, for Plaintiffs-Appellants.

Gregory V. Mersol (argued and briefed), Thomas J. Piatak (briefed), Baker & Hostetler, Cleveland, OH, for Defendant-Appellee.

Before BOGGS and GILMAN, Circuit Judges; QUIST, District Judge.

OPINION

GILMAN, Circuit Judge.

Thomas and Jacqueline Ullmo brought suit in state court against Gilmour Academy, alleging breach of contract, fraud, and a violation of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1491. They based their claims upon Gilmour's alleged failure to provide their son, Jason, with an education designed to help him overcome his learning disability. After removing the case to federal district...

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