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GARY G. v. EL PASO INDEPENDENT SCHOOL DIST.

No. 09-50965.

632 F.3d 201 (2011)

GARY G., as next friend of G.G., Plaintiff-Appellee, v. EL PASO INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 2011.

Attorney(s) appearing for the Case

Charles Mark Berry, Jr. (argued), El Paso, TX, for Plaintiff-Appellee.

Joe Ruben Tanguma, II (argued), Walsh, Anderson, Brown, Gallegos & Green, P.C., Irving, TX, Elena M. Gallegos , Walsh, Anderson, Brown, Gallegos & Green, P.C., Albuquerque, NM, for Defendant-Appellant.

Before BARKSDALE, STEWART and SOUTHWICK, Circuit Judges.

RHESA H. BARKSDALE, Circuit Judge:

El Paso Independent School District (EPISD) contests attorney's fees awarded Gary G., as next friend of G.G., under the Individuals with Disabilities Education Act (IDEA), Pub.L. No. 108-446, § 615, 118 Stat. 2647, 2715-31, as amended, 20 U.S.C. § 1415 (2004). In doing so, the district court ruled Gary G. was an IDEA prevailing party and entitled to $44,572 in fees because, before filing this action, he received a favorable...

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