POWER v. SCHOOL BD. OF CITY OF VIRGINIA BEACH

No. 203CV309.

276 F.Supp.2d 515 (2003)

Michael J. and Daniele P. POWER, as parents and next friends of Eric E. POWER, a minor, Plaintiffs, v. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

August 7, 2003.


Attorney(s) appearing for the Case

Darrel T. Mason, Esquire, Glen Allen, VA, for Plaintiffs.

Kamala H. Lannetti, Associate City Attorney, Virginia Beach, VA, for Defendant.


OPINION AND FINAL ORDER

REBECCA BEACH SMITH, District Judge.

This case is before the court on defendant's motion to dismiss, pursuant to Federal Rule of Civil Procedure (12)(b)(1), and alternatively, Rule 12(b)(6). For the reasons stated below, defendant's motion to dismiss is GRANTED.

I. Factual and Procedural History

This case involves a challenge to the procedures by which the School Board of the City of Virginia...

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