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WHITEHEAD v. SCHOOL BD. FOR HILLSBOROUGH CTY.

No. 94-241-CIV-T-17C.

932 F.Supp. 1393 (1996)

Andrew K. WHITEHEAD, a minor, By and Through his parents and next friends, Dr. Keith D. WHITEHEAD and Nikole Whitehead; and Dr. Keith D. Whitehead and Nikole Whitehead, for themselves, Plaintiffs, v. SCHOOL BOARD FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA, State of Florida Department of Education, and W. Crosby Few, Defendants.

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

June 28, 1996.

Attorney(s) appearing for the Case

Laura Lee Whiteside, Laura L. Whiteside, P.A., Tampa, FL, for plaintiffs.

Gregory Alan Hearing, Thomas M. Gonzalez, Thompson, Sizemore & Gonzalez, P.A., Walter Crosby Few, Few & Ayala, Tampa, FL, for School Board of Hillsborough County.

Arthur C. Wallberg, Attorney General's Office, Corrections Litigation Branch, Tallahassee, FL, for State of Florida Department of Education.

Thomas M. Gonzalez, Thompson, Sizemore & Gonzalez, P.A., Tampa, FL, for W. Crosby Few.

ORDER

KOVACHEVICH, Chief Judge.

This cause is before the Court on Defendant Florida Department of Education's ("DOE") Motion to Dismiss (Dkt. No. 65), and response (Dkt. 68).

A trial court, in ruling on a motion to dismiss, is required to view the complaint in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L...

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