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CUYAHOGA CTY. ASS'N FOR RETARDED CHILD'N, ETC. v. ESSEX

No. C74-587.

411 F.Supp. 46 (1976)

The CUYAHOGA COUNTY ASSOCIATION FOR RETARDED CHILDREN & ADULTS et al., Plaintiffs, v. Martin ESSEX, Individually, and as Superintendent of the State of Ohio, Department of Education, et al., Defendants.

United States District Court, N. D. Ohio, E. D.

April 5, 1976.

Attorney(s) appearing for the Case

William D. Ginn, James T. Crowley, Eric T. Davis, Thompson, Hine & Flory, Cleveland, Ohio, for plaintiffs.

George Stricker, Asst. Atty. Gen., Columbus, Ohio, for defendant Kenneth Gaver.

Richard J. Dickinson, Asst. Atty. Gen., Columbus, Ohio, for all other named defendants.

Before WEICK, Circuit Judge, and GREEN and THOMAS, District Judges.

MEMORANDUM AND ORDER

BEN C. GREEN, District Judge.

This action presents a wide-ranging attack upon the Ohio system of education and/or training for mentally handicapped school-age children. Plaintiffs have asserted constitutional challenges to the statutes and regulations pertinent thereto on two grounds. It is alleged that the retarded are denied equal protection in that they are not afforded educational or training opportunity on the same basis as that...

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