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ELLENBERG v. NEW MEXICO MILITARY INSTITUTE

No. 08-2112.

572 F.3d 815 (2009)

Sarah ELLENBERG, Plaintiff-Appellant, v. NEW MEXICO MILITARY INSTITUTE, and the Board of Regents of the New Mexico Military Institute, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 10, 2009.

Attorney(s) appearing for the Case

Gail Stewart, Steven Granberg, P.A., Albuquerque, NM, for Appellant.

John F. Kennedy, Cuddy & McCarthy, LLP, Santa Fe, New Mexico (Jacquelyn ArchuletaStaehlin and Sarah Piltch, Cuddy, Kennedy, Ives, Archuleta-Staehlin, Fairbanks & Vigil, Santa Fe, NM, and Lee Rogers and Barbara M. Smith-Duer, Atwood, Malone, Turner & Sabin, P.A., Roswell, NM, with him on the brief) for Appellees.

Before TACHA, MURPHY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Sarah Ellenberg sued the New Mexico Military Institute and its Board of Regents (NMMI) on the ground that in denying her admission, NMMI violated three federal laws protecting persons with disabilities: (1) the Individuals with Disabilities Education Act (IDEA), (2) Section 504 of the Rehabilitation Act (Section 504), and (3) Title II of the Americans with Disabilities Act (ADA).

The district court held Ellenberg could not establish...

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