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JOHNSON v. BISMARCK PUBLIC SCHOOL DIST.

No. 90-5557.

949 F.2d 1000 (1991)

Delores JOHNSON, Appellant, v. BISMARCK PUBLIC SCHOOL DISTRICT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 25, 1991.

Attorney(s) appearing for the Case

Stephen D. Little, Bismarck, N.D., argued, for appellant.

Gary R. Thune, Bismarck, N.D., argued, for appellee.

Before ARNOLD, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

Delores Johnson appeals the district court's1 dismissal of her action to recover attorneys' fees incurred in a state administrative proceeding brought to enforce her rights under the Education of the Handicapped Act (EHA), 20 U.S.C. §§ 1400-1485. Johnson argues that she was the prevailing party because the proceeding ended in a consent agreement providing the relief sought in her complaint, and that the...

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