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EL PASO INDEPENDENT SCHOOL DIST. v. RICHARD R.

No. 08-50830.

591 F.3d 417 (2009)

EL PASO INDEPENDENT SCHOOL DISTRICT, Plaintiff-Appellant, v. RICHARD R., as next friend of R.R.; Mark Berry, Defendants-Appellees. R.R., by his next friend E.R., Plaintiff-Appellee, v. El Paso Independent School District, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 16, 2009.

Attorney(s) appearing for the Case

Todd Aaron Clark, Walsh, Anderson, Brown, Aldridge & Gallegos, P.C., Austin, TX, Elena M. Gallegos, Walsh, Anderson, Brown, Schulze & Aldridge, Albuquerque, NM, Joe Ruben Tanguma, II (argued), Walsh, Anderson, Brown, Aldridge & Gallegos, P.C., Irving, TX, for Plaintiff-Appellant.

Charles Mark Berry (argued), El Paso, TX, for RR and Richard R.

Coilbert N. Coldwell, Guevara, Rebe, Bauman, Coldwell & Reedman, El Paso, TX, for Berry.

Christopher Paul Borreca, Thompson & Horton, L.L.P., Houston, TX, for Amici Curiae.

Before KING, DAVIS and BENAVIDES, Circuit Judges.

KING, Circuit Judge:

The El Paso Independent School District appeals the district court's award of attorney's fees to R.R. under the Individuals with Disabilities Education Act. The district court determined that R.R. was the prevailing party in his suit against the school district because he had won a judicial order granting him his requested relief; the court awarded attorney's fees to R.R. in the amount of $45,804. We assume, without deciding, that R.R. was the...

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