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METROPOLITAN SCHOOL DIST. OF WAYNE TP. v. DAVILA

No. IP 90-1435-C.

770 F.Supp. 1331 (1991)

METROPOLITAN SCHOOL DISTRICT OF WAYNE TOWNSHIP, MARION COUNTY, INDIANA, on behalf of itself and all others similarly situated, Plaintiffs, v. Robert R. DAVILA, Assistant Secretary, Office of Special Education and Rehabilitative Services, United States Department of Education, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

August 13, 1991.

Attorney(s) appearing for the Case

George E. Purdy, Bose, McKinney & Evans, Indianapolis, Ind., for plaintiffs.

Sheila Lieber, Philip R. Reitinger, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Deborah J. Daniels, U.S. Atty., Sue H. Bailey, Asst. U.S. Atty., Indianapolis, Ind., for defendant.

DILLIN, District Judge.

This matter comes before the Court on Defendant Robert R. Davila's motion to dismiss, Plaintiff Metropolitan School District of Wayne Township's motion for summary judgment, and on Defendant Robert R. Davila's cross motion for summary judgment. For the following reasons, Robert R. Davila's motion to dismiss is denied, Metropolitan School District of Wayne Township's motion for summary judgment is granted, and Robert R. Davila's cross motion...

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