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POMERLEAU v. WEST SPRINGFIELD PUBLIC SCHOOLS

No. 03-1740.

362 F.3d 143 (2004)

Nathan P., Robert POMERLEAU, and Elizabeth Pomerleau, Plaintiffs, Appellants, v. WEST SPRINGFIELD PUBLIC SCHOOLS and The Town of West Springfield, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 2, 2004.

Attorney(s) appearing for the Case

Derek M. Beaulieu, for appellants.

Regina Williams Tate, with whom Kimberly A. Mucha and Murphy, Hesse, Toomey, and Lehane were on brief for appellees.

Before LIPEZ, Circuit Judge, COFFIN, Senior Circuit Judge, and BARBADORO, District Judge.

LIPEZ, Circuit Judge.

Nathan P. and his parents, Elizabeth and Robert Pomerleau, appeal from the judgment of the district court dismissing their suit for attorney's fees and costs under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Having failed to oppose the defendants' motions to dismiss or file any post-judgment motion seeking reconsideration of the...

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