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ELLENBERG v. NEW MEXICO MILITARY INSTITUTE

No. 05-2056.

478 F.3d 1262 (2007)

Bob and Karen ELLENBERG, as parents and next friends of S.E., a minor, Plaintiffs-Appellants, v. NEW MEXICO MILITARY INSTITUTE; Board of Regents of the New Mexico Military Institute, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 7, 2007.

Attorney(s) appearing for the Case

Gail Stewart (Laurel Nesbitt with her on the briefs), Steven Granberg, P.A., Albuquerque, NM, for Plaintiffs-Appellants.

John F. Kennedy (Samantha J. Fenrow with him on the briefs), Cuddy, Kennedy, Albetta, & Ives, LLP, Santa Fe, NM, for Defendants-Appellees.

Before LUCERO, SILER, and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

Bob and Karen Ellenberg, the parents of a disabled child residing in New Mexico, appeal the district court's grant of summary judgment in favor of the New Mexico Military Institute at Roswell and its Board of Regents (collectively referred to as "NMMI") on their claims under the Individuals with Disabilities Education Act ("IDEA"), the Americans with Disabilities Act ("ADA"), and § 504 of the...

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