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CM EX REL. JM v. BOARD OF PUBLIC EDUC.

No. CIV 1:98CV66.

184 F.Supp.2d 466 (2002)

CM, a minor by and through her parents JM and EM, and on their own behalf, Plaintiffs, v. THE BOARD OF PUBLIC EDUCATION OF HENDERSON COUNTY a/k/a Henderson County Schools; Dan G. Lunsford, Ed.D., Superintendent; Linda R. Hawk, Chairman; Jackie H. Hornsby, Vice Chairman; Ervin W. Bazzle; Brenda O. Brock; Allen A. Combs; Thomas E. Orr; Thomas B. Pryor; and Judy Diane Hartman Cook, in their official and individual capacities, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

February 1, 2002.

Attorney(s) appearing for the Case

Shelli J. Lewis, Lewis & Lewis, Corona, CA, Andria C. Knight, Governor's Advocacy Council for Persons with Disabilities, Morganton, NC, Paul Lawrence Erickson, Law Firm of Paul L. Erickson, P.A., Asheville, NC, Pauline F. Laubinger, N.C. Advocacy Council for Persons with Disabilities, Raleigh, NC, for plaintiffs.

Louise Paglen, Ann L. Majestic, Tharrington Smith, Raleigh, NC, for defendants.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the remand from the United States Circuit Court of Appeals for the Fourth Circuit. CM ex rel. JM v. Board of Educ. of Henderson County, 241 F.3d 374 (4th Cir.), cert. denied, ___ U.S. ___, 122 S.Ct. 48, 151 L.Ed.2d 18 (2001).

I. PROCEDURAL HISTORY

JM and EM on behalf of CM, their autistic...

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