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DL v. DISTRICT OF COLUMBIA

Nos. 11-7153, 12-7042.

713 F.3d 120 (2013)

DL, et al., Appellees v. DISTRICT OF COLUMBIA, A Municipal Corporation, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 2013.

Attorney(s) appearing for the Case

Todd S. Kim , Solicitor General, Office of the Attorney General for the District of Columbia, argued the cause for appellants. With him on the briefs were Irvin B. Nathan , Attorney General, and Donna M. Murasky , Deputy Solicitor General. Mary L. Wilson , Assistant Attorney General, entered an appearance.

Bruce J. Terris argued the cause for appellees. With him on the brief were Jeffrey S. Gutman , Cyrus Mehri , Jane M. Liu , and Margaret A. Kohn .

Kelly Bagby , Daniel Kohrman , Michael Shuster , Ira A. Burnim , Joseph B. Espo , and Sharon Krevor-Weisbaum , were on the brief for amici curiae AARP, et al. in support of appellees.

Concurring opinion by Senior Judge EDWARDS.

ROGERS, Circuit Judge:

The District of Columbia appeals from the structural injunction entered by the district court in this class action challenging the policies and practices of the District's "Child Find" system under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq. It principally contends that the class certification pursuant to Federal Rule of Civil Procedure 23(a)(2) was improper as a matter of law, and that the...

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