WHEELER BY WHEELER v. TOWANDA AREA SCHOOL DIST.

No. 91-5417.

950 F.2d 128 (1991)

Shannon W. WHEELER, a Minor, by Her Parents and Natural Guardians, Joseph WHEELER and Susan Wheeler, His Wife; Joseph Wheeler and Susan Wheeler, in Their Own Right and Parents and Natural Guardians of Shannon Wheeler, a Minor, Appellants, v. TOWANDA AREA SCHOOL DISTRICT.

United States Court of Appeals, Third Circuit.

Decided December 5, 1991.

Rehearing and Rehearing Denied January 3, 1992.


Attorney(s) appearing for the Case

Antoinette Szarek (argued), Philadelphia, Pa., for appellants.

Michael I. Levin, (argued), Cleckner and Fearen, Abington, Pa., for appellee.

Before MANSMANN, NYGAARD, and SEITZ, Circuit Judges.


Rehearing and Rehearing In Banc Denied January 3, 1992.

OPINION OF THE COURT

NYGAARD, Circuit Judge

Plaintiffs-appellants, Shannon W. Wheeler and her parents, appeal a summary judgment denying their motion for attorney's fees from defendant-appellee Towanda Area School District under the fee-shifting provisions of the Education of the Handicapped Act ("EHA"), 20 U.S.C. § 1415. Those provisions award reasonable attorney's fees to a prevailing...

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