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CARROLL K. v. FAYETTE COUNTY BD. OF EDUC.

Civil Action No. 5:98-0425.

19 F.Supp.2d 618 (1998)

CARROLL K., et al., Plaintiffs, v. FAYETTE COUNTY BOARD OF EDUCATION, et al., Defendants.

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

August 25, 1998.

Attorney(s) appearing for the Case

Scott S. Segal, The Segal Law Firm, Charleston, WV, for Plaintiffs.

J. Victor Flanagan, Pullin, Knopf, Fowler & Flanagan, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Defendants' motion to dismiss. The matter is ripe for review. After careful consideration, the Court DENIES in part and GRANTS in part the motion.

I. FACTUAL BACKGROUND

Accepting all factual averments of the complaint as true, the Court states the facts.

Carroll K. was a sixth grade student at Collins Middle School during the 1996-97 school...

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