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FITZPATRICK v. TOWN OF FALMOUTH

No. CIV.04-45-P-H.

324 F.Supp.2d 95 (2004)

Gayle FITZPATRICK and Charles Rankowski, Individually and as Parents of J.R., a Minor, Plaintiffs v. TOWN OF FALMOUTH, et al., Defendants

United States District Court, D. Maine.

May 7, 2004.

Attorney(s) appearing for the Case

Ronald R. Coles, Kennebunk, ME, for Gayle Fitzpatrick and Charles Rankowski, Individually and as Parents Of J.R., a Minor, Plaintiffs.

Melissa A. Hewey, Drummond, Woodsum & MacMahon, Portland, ME, for Town of Falmouth, Steven Brinn, as Chairman of the Falmouth School Board, Timothy McCormack, Carolyn A Crowell and Barbara Powers, Individually and as Employees of the Falmouth Public Schools, Defendants.

MEMORANDUM DECISION AND ORDER ON DEFENDANTS' MOTION TO DISMISS

HORNBY, District Judge.

I held oral argument on May 6, 2004, to hear the parties' responses to my Order of April 30, 2004, concerning the defendants' motion to dismiss. At that time, the lawyers helpfully clarified the issues in this complicated area where home schooling intersects with the federal Individuals with Disabilities Education Act ("IDEA"). I now GRANT the defendants'...

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