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SCHLUDE v. NORTHEAST CENT. SCHOOL DIST.

No. 95 Civ. 371 (WCC).

892 F.Supp. 560 (1995)

Lynne SCHLUDE, parent of a handicapped child, Marcus O., Plaintiff, v. NORTHEAST CENTRAL SCHOOL DISTRICT, Defendant.

United States District Court, S.D. New York.

July 24, 1995.

Attorney(s) appearing for the Case

Family Advocates, Inc., Poughkeepsie, NY, (Rosalee Charpentier, of counsel), for plaintiff.

Shaw & Silveira, Highland, NY (David S. Shaw, of counsel), for defendant.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Lynne Schlude, the parent of a learning disabled child, has brought this action against defendant Northeast Central School District under 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. Defendant has made a motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1), on the ground that this court lacks subject matter...

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