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COUNTY SCHOOL BD. OF HENRICO COUNTY v. PALKOVICS

No. CIV.A. 303CV396.

285 F.Supp.2d 701 (2003)

COUNTY SCHOOL BOARD OF HENRICO COUNTY, Virginia, Plaintiff, v. Zachary Michael PALKOVICS, a minor, By and Through his Parents and Next Friends, Robert William PALKOVICS, and Nancy Michaelle Palkovics, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

September 26, 2003.

Attorney(s) appearing for the Case

Joseph Thomas Tokarz, II, Henrico County Attorney's Office, Richmond, VA, for County School Board of Henrico County, Virginia, plaintiff.

Adrienne Elaine Volenik, Mental Disabilities Law Clinic, T.C. Williams School of Law, University of Richmond, Richmond, VA, for Zachary Michael Palkovics, a minor by and through his parents and next friends, Robert William Palkovics, Nancy Michaelle Palkovics, defendants.

MEMORANDUM OPINION

RICHARD L. WILLIAMS, Senior District Judge.

This matter is before the Court on the plaintiff's motion for summary judgment and the defendant's cross-motion for summary judgment. Oral argument was heard on September 23, 2003, and this matter is ripe for decision. For the reasons stated herein, the plaintiff's motion for summary judgment will be granted.

I. FACTS

Defendant, Zachary Palkovics, was born on September...

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