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TYSON v. KANAWHA COUNTY BD. OF EDUC.

No. Civ.A. 2:96-0904.

22 F.Supp.2d 535 (1997)

Thelma TYSON, an individual, and Tijuan Tyson, a minor, by next friend and legal guardian Thelma Tyson, Plaintiffs, v. KANAWHA COUNTY BOARD OF EDUCATION OF KANAWHA COUNTY, a county and state agency, and Special Education Department et al., and William Russell, Jane Harbert and Kate Middleton, et al., in their individual capacity and in their official capacity as employees of the Kanawha County Board of Education employees, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

April 29, 1997.

Attorney(s) appearing for the Case

Eunice Green Thompson, Fairmont, WV, for Plaintiffs.

Charles R. Bailey, Belinda B. Jackson, Shuman, Annand & Poe, Charleston, WV, for Defendants.

MEMORANDUM OPINION

KNAPP, District Judge.

Pending before the Court is the motion to dismiss of Defendants Board of Education of Kanawha County ("Board"), its Special Education Department, William Russell, Jane Harbert and Kate Middleton, et al. filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim for which this Court may grant relief.

Plaintiffs Thelma and Tijuan Tyson ("Tyson") allege in their complaint...

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