C.h., by and through his parents and next friends, Timothy and Barbara Hayes v. Cape Henlopen School District

PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 08-3630
C.H., by and through his parents and
next friends, Timothy and Barbara Hayes
v.
CAPE HENLOPEN SCHOOL DISTRICT;
GEORGE E. STONE, Superintendent of Schools
Cape Henlopen School District;
DELAWARE DEPARTMENT OF EDUCATION;
VALERIE A. WOODRUFF, Secretary,
Delaware Department of Education
C.H. Hayes; Barbara Hayes,
Appellants
On Appeal from the United States District Court
for the District of Delaware
(D.C. No. 1-07-cv-00193)
District Judge: Honorable Mary Pat Thynge
Submitted Pursuant to Third Circuit LAR 34.1(a)
April 12, 2010
Before: FISHER, HARDIMAN and COWEN, Circuit Judges.
ORDER AMENDING OPINION
IT IS HEREBY ORDERED that the opinion in the above case, filed May 25,
2010, be amended as follows:

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Page 26, the last sentence of the first full paragraph, which read:
Accordingly, we also will also affirm the denial of the
Parents’ request for tuition reimbursement on equitable
grounds.
shall read:
Accordingly, we will also affirm the denial of the Parents’
request for tuition reimbursement on equitable grounds.
By the Court,
/s/ D. Michael Fisher
Circuit Judge
Dated: 26 May 2010

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