MOORE v. DISTRICT OF COLUMBIA

No. 88-7003.

907 F.2d 165 (1990)

Lani MOORE, et al. v. DISTRICT OF COLUMBIA, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 1990.


Attorney(s) appearing for the Case

Donna M. Murasky, Asst. Corp. Counsel, with whom Herbert O. Reid, Sr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, were on the brief, for appellants. Frederick D. Cooke, Jr., Atty., Office of the Corp. Counsel, also entered an appearance for appellants.

David A. Strauss, with whom Matthew B. Bogin, Michael J. Eig and Margaret A. Kohn, were on the brief, for appellees.

Paul Weckstein, Kathleen Boundy and Shelley R. Jackson, were on the brief for amicus curiae Senators Tom Harkin, James M. Jeffords, Edward M. Kennedy, John F. Kerry, Paul Simon, former Senator Lowell P. Weicker, Jr., and Representatives Augustus Hawkins, Major R. Owens and Pat Williams.

William H. Lewis, Jr., and Hunter L. Prillaman, were on the brief for amicus curiae, For Love of Children, Inc.

Before WALD, Chief Judge, and MIKVA, EDWARDS, RUTH B. GINSBURG, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE and THOMAS, Circuit Judges.


Argued En Banc May 9, 1990.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The issue in this case is whether the Handicapped Children's Protection Act ("HCPA"), 20 U.S.C. § 1415(e)(4)-(f) (1988), authorizes a court to award attorney fees to a party who has prevailed in an administrative proceeding under the Education of the Handicapped Act ("EHA"), 20 U.S.C. §§ 1400-1485 (1988). In an...

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