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BARLOW-GRESHAM UNION HIGH SCHOOL D. 2 v. MITCHELL

No. 90-35148.

940 F.2d 1280 (1991)

BARLOW-GRESHAM UNION HIGH SCHOOL DISTRICT NO. 2, Plaintiff-Appellant, v. Wesley MITCHELL, individually, and Bari Mitchell and Michael Mitchell, his parents, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1991.

Attorney(s) appearing for the Case

Timothy R. Volpert, Davis, Wright, Tremaine, Portland, Or., for plaintiff-appellant.

Elam Lantz, Jr., Oregon Advocacy Center, Portland, Or., for defendants-appellees.

Before HUG, and D.W. NELSON, Circuit Judges, and WALKER, District Judge.

HUG, Circuit Judge:

Barlow-Gresham Union High School ("Barlow-Gresham") appeals the district court's order requiring it to pay attorneys' fees to the parents of Wesley Mitchell, a handicapped student. The fee award, authorized by the Handicapped Children's Protection Act of 1986 ("HCPA"), 20 U.S.C. § 1415(e)(4)(B), followed the settlement of an action brought to determine whether Wesley should remain in the classroom setting or be tutored privately.

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