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MONAHAN v. STATE OF NEB.

Nos. 81-2106, 81-2196.

687 F.2d 1164 (1982)

James H. MONAHAN, as next friend of Daniel J. Monahan, George Rose, as next friend of Marla Rose, Appellants, v. STATE OF NEBRASKA, Charles Thone, Governor of The State of Nebraska, Board of Education, School District # 1, Douglas County, Nebraska, Owen Knutzen, Individually, and as Superintendent of School District # 1, Douglas County, Nebraska, Dale Samuelsen, Individually, and as Assistant Superintendent in Charge of Special Education, of School District # 1, Douglas County, Nebraska, Anne Campbell, Commissioner of Education for the State of Nebraska, State Board of Education, Walter M. Thompson, Individually, and as a Member of the State Board of Education, Margaret Lockwood, Individually, and as a Member of the State Board of Education, Frank E. Landis, Individually, and as a Member of the State Board of Education, Don M. Lienemann, Individually, and as a Member of the State Board of Education, Dorothy Creigh, Individually, and as a Member of the State Board of Education, Arlene E. Hart, Individually, and as a Member of the State Board of Education, William C. Ramsey, Individually, and as a Member of the State Board of Education, Dorothy Beaver, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, June Bostwick, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Walter Calinger, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Pat Geringer, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Leo Hoffman, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Gaynelle Goodrich, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Ruth Thomas, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Frank Bogard, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, McGruder, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, James A. Monaghan, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, James Beutel, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Leo Kastrick, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Appellees. George P. ROSE, as next friend of Marla Rose, Appellant, v. STATE OF NEBRASKA, Charles Thone, Governor of The State of Nebraska, Board of Education, School District # 1, Douglas County, Nebraska, Owen Knutzen as Superintendent of School District # 1, State Board of Education for the State of Nebraska, Anne Campbell, Individually, and as Executive Officer for the State Board of Education, State Department of Education for the State of Nebraska, Anne Campbell, Administrative Head of the State Department of Education, Anne Campbell, Commissioner of Education for the State of Nebraska, Patricia Harris, Secretary of HEW, Edward W. Martin, Office of Special Education, U.S. Department of Education, U.S. Department of Health, Education, and the U.S. Department of Education, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1982.

Rehearing and Rehearing Denied October 1, 1982.

Attorney(s) appearing for the Case

Marla G. Rose, pro se.

Ronald D. Lahners, U.S. Atty., D. Nebraska and David J. Ryan, Asst. U.S. Atty., Omaha, Neb., for federal appellees in No. 81-2196.

Paul L. Douglas, Atty. Gen., Harold Mosher, Asst. Atty. Gen., Lincoln, Neb., John P. Heil, Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, Neb., for the State of Nebraska, Its Agencies, Political Subdivisions, and Their Officers and Employees.

Mino St. Lucas, Omaha, Neb., for appellant Monahan.

Quintin S. Hughes, Bellevue, Neb., for appellant Rose.

Before McMILLIAN, Circuit Judge, MARKEY, Chief Judge, and ARNOLD, Circuit Judge.

Rehearing and Rehearing En Banc Denied October 1, 1982.

ARNOLD, Circuit Judge.

James Monahan and George Rose brought these actions on behalf of their handicapped children, Daniel Monahan and Marla Rose, now Marla Corrado.1 The complaints pleaded claims arising under the Education for All Handicapped Children Act of 1975 (EAHCA), 20 U.S.C. § 1401 et seq., Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794,...

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