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DIBUO EX REL. DIBUO v. BOARD OF EDUC. OF WORCESTER

Nos. 01-2473, 02-1124.

309 F.3d 184 (2002)

Mark DiBuo, a minor, by his parents and next friends, James and Wendy DiBuo; James DiBuo; Wendy DiBuo, Plaintiffs-Appellees, v. Board of Education of Worcester County; Jon Andes, Officially, Defendants-Appellants. Mark DiBuo, a minor, by his parents and next friends, James and Wendy DiBuo; James DiBuo; Wendy DiBuo, Plaintiffs-Appellees, v. Board of Education of Worcester County; Jon Andes, Officially, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 28, 2002.

Attorney(s) appearing for the Case

ARGUED: Phillip Tyson Bennett, Reese & Carney, L.L.P., Annapolis, Maryland, for Appellants. Wayne Darryl Steedman, Callegary & Steedman, P.A., Baltimore, Maryland, for Appellees. ON BRIEF: Eric C. Brousaides, Reese & Carney, L.L.P., Columbia, Maryland, for Appellants.

Before MICHAEL, Circuit Judge, HAMILTON, Senior Circuit Judge, and Claude M. HILTON, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded with instructions by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge MICHAEL and Chief Judge HILTON joined.

OPINION

HAMILTON, Senior Circuit Judge.

In this action arising under the Individuals with Disabilities Education Act (the IDEA), 20 U.S.C. §§ 1400 et seq., Mark DiBuo (Mark), a minor child, and his parents, James and Wendy DiBuo, (collectively the DiBuos) sought $2,707.00 in reimbursement...

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