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MARTINEZ v. SCHOOL BD. OF HILLSBOROUGH CTY., FLA.

No. 87-1308-CIV-T-17(A).

711 F.Supp. 1066 (1989)

Eliana MARTINEZ, By and Through her next friend, Rosa A. MARTINEZ, her mother, Plaintiff, v. The SCHOOL BOARD OF HILLSBOROUGH COUNTY, FLORIDA, Defendant.

United States District Court, M.D. Florida, Tampa Division.

April 26, 1989.

Attorney(s) appearing for the Case

Stephen F. Hanlon, Barnett, Bolt & Kirkwood, Tampa, Fla., for plaintiffs.

Alice K. Nelson, Jodi Siegel, Southern Legal Counsel, Inc., Gainesville, Fla, for amicus curiae Advocacy Center.

Arlene Brynne Mayerson, Linda D. Kilb, Diane J. Lipton, Berkeley, Cal., for amicus curiae Disability Rights Educ. and Defense Fund.

W. Crosby Few, and Thomas M. Gonzalez, Thompson, Sizemore & Gonzalez, Tampa, Fla., for defendants.

MEMORANDUM OPINION

KOVACHEVICH, District Judge.

This cause of action is before the Court on remand from the Eleventh Circuit Court of Appeals. The matter previously came before the Court for trial, without jury, on July 13 and 14, 1988. The Court issued its memorandum opinion in the case on August 8, 1988. The Court made the following relevant conclusions of law:

1. The Rehabilitation Act of 1973 does not add to the rights available to Plaintiff...

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