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552 U. S. ____ (2007)

SUPREME COURT OF THE UNITED STATES

BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,
PETITIONER v. TOM F., on behalf ofGILBERT F., a minor child

on writ of certiorari to the united states court of appeals for the second circuit

[October 10, 2007]

Per Curiam.

The judgment is affirmed by an equally divided Court.

Justice Kennedy took no part in the decision of this case.