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HAIRSTON v. DROSICK

Civ. A. No. 75-0691CH.

423 F.Supp. 180 (1976)

Larry HAIRSTON and Sheila Hairston, Individually and on behalf of their infant child, Trina Evet Hairston, Individually, and on behalf of all others similarly situated, Plaintiffs, v. John DROSICK, Jr., Superintendent of Schools, McDowell County, West Virginia, et al., Defendants.

United States District Court, S. D. West Virginia, Charleston Division.

January 14, 1976.

Attorney(s) appearing for the Case

Daniel F. Hedges, Charleston, W. Va., for plaintiffs.

Harry G. Camper, Jr., Pros. Atty. of McDowell County, Welch, W. Va., Cletus B. Hanley and Richard E. Hardison, Deputy Attys. Gen., of the State of West Virginia, Charleston, W. Va., for defendants.

MEMORANDUM ORDER

K. K. HALL, District Judge.

This is a civil proceeding challenging the refusal of the defendants to admit the plaintiff child, Trina Evet Hairston to the regular public classroom at Gary Grade School and her exclusion therefrom as being contrary to 29 U.S.C. § 794, a section of what is commonly known as "The Rehabilitation Act of 1973," and her exclusion without procedural safeguards as being contrary to the Fourteenth Amendment to...

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