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REID v. BOARD OF EDUCATION OF CITY OF NEW YORK

No. 253, Docket 71-1791.

453 F.2d 238 (1971)

Riley REID, a minor under the age of 21 years, by his mother, Ellen Hoffman, and Benjamin Kennedy, a minor under the age of 21 years, by his mother, Virginia Kennedy, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. The BOARD OF EDUCATION OF the CITY OF NEW YORK, and Harvey B. Scribner, individually and as Chancellor of the Board of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 14, 1971.

Attorney(s) appearing for the Case

Lawrence J. Fox, New York City (Community Action for Legal Services, Inc., New York City, Marttie Louis Thompson, David Rudenstine, New York City, of counsel), for plaintiffs-appellants.

Mary P. Bass, New York City (J. Lee Rankin, Corp. Counsel, Stanley Buchsbaum, New York City, of counsel), for defendants-appellees.

Before KAUFMAN and MANSFIELD, Circuit Judges, and LEVET, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

This dispute centers around the special public school classes provided by the Board of Education of the City of New York for brain-injured and other handicapped children. Ellen Hoffman and Virginia Kennedy appeal on behalf of their respective sons, Riley Reid and Benjamin Kennedy, two unfortunate ten-year-old brain-injured children, from an order of Judge Metzner dismissing their complaint.

The complaint alleged that the Board...

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