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ORTEGA v. BIBB COUNTY SCHOOL DIST.

No. 04-10314.

397 F.3d 1321 (2005)

Cassandra ORTEGA, Individually, and as the parent, guardian, and next friend of Antione Ortega, deceased, Plaintiff-Appellee, v. BIBB COUNTY SCHOOL DISTRICT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 26, 2005.

Attorney(s) appearing for the Case

Jerry A. Lumley, Lumley & Howell, LLP, Macon, GA, for Defendant-Appellant.

Larry Givens, Angela J. Mason, Cochran, Cherry, Givens & Smith, P.C., Dothan, GA, for Plaintiff-Appellee.

Before DUBINA, BLACK and KRAVITCH, Circuit Judges.

DUBINA, Circuit Judge:

This is a tragic case involving the death of a four-year-old boy. The district court entered an order denying defendant/appellant Bibb County School District's ("School District") motion for summary judgment on plaintiff/appellee Cassandra Ortega's ("Ortega") claim brought under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. We granted the School District's petition for an interlocutory appeal pursuant...

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