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MOUBRY v. INDEP. SCH. DIST. NO. 696(ELY)

Civ. No. 5-95-186.

951 F.Supp. 867 (1996)

Joe MOUBRY, a minor, By and Through his parent, Rita MOUBRY, Plaintiff, v. INDEPENDENT SCHOOL DISTRICT NUMBER 696(ELY), Commissioner of Minnesota Department of Education, and the Board of Education for the State of Minnesota, Defendant.

United States District Court, D. Minnesota, Fifth Division.

May 13, 1996.

Attorney(s) appearing for the Case

Sonya Kerr, Inver Grove Heights, MN, for plaintiff.

Susan E. Torgerson, Charles E. Long, St. Paul, MN, for defendant Independent School Dist. No. 696.

Rachel Kaplan, Asst. Minnesota Atty. Gen., St. Paul, MN, for defendants Comm'r of Minnesota Dept. of Education and Board of Education for State of Minnesota.

ORDER

KYLE, District Judge.

Introduction

This matter was referred to United States Magistrate Judge Raymond L. Erickson for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) on the Plaintiff's Motion for Summary Judgment and the Defendants' Motions to Dismiss. In a Report and Recommendation dated March 27, 1996 ("R & R"), Magistrate Judge Erickson recommends the Plaintiff's Motion for Summary Judgment be denied,...

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