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MANCHESTER SCHOOL DIST. v. CRISMAN

No. 01-2454.

306 F.3d 1 (2002)

MANCHESTER SCHOOL DISTRICT, Plaintiff, Appellant, v. Margaret "Peggy" CRISMAN, As Surrogate Parent For Kimberli M., and Pittsfield School District, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 23, 2002.

Attorney(s) appearing for the Case

Dean B. Eggert with whom Paul L. Apple and Wadleigh, Starr & Peters, P.L.L.C. were on brief for appellant.

Lynn Zygomont with whom Ronald K. Lospennato and Disabilities Rights Center, Inc. were on brief for appellee Margaret "Peggy" Crisman.

Jed Z. Callen with whom Baldwin, Callen, Hogan & Kidd, P.L.L.C. was on brief for appellee Pittsfield School District.

Before LYNCH, Circuit Judge, CAMPBELL and MAGILL, Senior Circuit Judges.

LEVIN H. CAMPBELL, Senior Circuit Judge.

At issue in this appeal is whether the Manchester School District ("MSD"), a school district within the State of New Hampshire, has a continuing duty to pay for the special education expenses of Kimberli M.

Kimberli, now fourteen years old, is a developmentally delayed child. Since the age of seven months she has lived at the Brock Home, a state licensed home for children located...

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