FREDERICK L. v. THOMAS

No. 77-1694.

578 F.2d 513 (1978)

FREDERICK L., a minor by his mother, Delores L., on behalf of himself and all other similarly situated, Delaware Valley Association for Children with Learning Disabilities (Intervening pltf. in D.C.) v. Arthur THOMAS, Individually and in his capacity as President of the Board of Education of Philadelphia, Mrs. Edward Oberholtzer, William Ross, Robert M. Sebastian, Augustus Baxter, Mrs. Lawrence Bonnin, Philip Davidoff, George Hutt, and Alec Washco, Jr., Individually and in their capacities as members of the Board of Education of Philadelphia, Matthew Costanzo, Individually and in his capacity as Superintendent of Schools of the School District of Philadelphia, Althea L. Cousins, Individually and in her capacity as Director of Pupil Personnel and Counseling of the School District of Philadelphia, Marechal-Neil E. Young, Individually and in her capacity as Associate Superintendent for Special Education of the School District of Philadelphia, and the School District of Philadelphia, the Commonwealth of Pennsylvania ex rel. Israel Packel, and John C. Pittenger (Applicants for Intervention in D.C.). Appeal of FREDERICK L.

United States Court of Appeals, Third Circuit.

Decided June 12, 1978.


Attorney(s) appearing for the Case

Stephen F. Gold, Community Legal Services, Inc., Philadelphia, Pa., for appellant.

John M. Elliott, Lawrence D. Berger, Philadelphia, Pa., for defendants-appellees; Dilworth, Paxson, Kalish, Levy & Kauffman, Philadelphia, Pa., Robert T. Lear, Asst. Counsel, School District of Philadelphia, of counsel.

Before GIBBONS and HUNTER, Circuit Judges, and STAPLETON, District Judge.


OPINION OF THE COURT

STAPLETON, District Judge:

Frederick L. brought this civil rights action on behalf of himself and "all children attending public schools within the City of Philadelphia who have specific learning disabilities and who are deprived of education appropriate to their special needs". He asserted a right to relief under the First, Ninth and Fourteenth Amendments to the United States Constitution and...

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