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NEW YORK STATE ASS'N FOR RETARDED CHILDREN v. CAREY

No. 87, Docket 79-7257.

612 F.2d 644 (1979)

NEW YORK STATE ASSOCIATION FOR RETARDED CHILDREN, INC. et al., and Patricia Parisi et al., Plaintiffs, v. Hugh L. CAREY, Individually and as Governor of the State of New York et al., Defendants, United States of America, Amicus Curiae. Thomas A. COUGHLIN III, Individually and as Commissioner of the Office of Mental Retardation and Developmental Disabilities, Third-Party Plaintiff-Appellee, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Frank J. Macchiarola and Charles I. Schonhaut, Third-Party Defendants-Appellees. Christine WEST, on behalf of her son Mark West, a minor, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Frank J. Macchiarola, etc., Charles I. Schonhaut, etc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 10, 1979.

Attorney(s) appearing for the Case

Ronald E. Sternberg, New York City (Allen G. Schwartz, Corp. Counsel of the City of New York, L. Kevin Sheridan, New York City, Mary C. Tucker, Brooklyn, N. Y., on brief), for defendants-appellants.

Taylor R. Briggs, New York City (LeBoeuf, Lamb, Leiby & MacRae, New York City, on brief), for third-party plaintiff-appellee Thomas A. Coughlin, III.

Carol Kellermann, New York City (John Kirklin, Christopher A. Hansen, New York City, on brief), for plaintiff-appellee Christine West.

Drew S. Days, III, Asst. Atty. Gen., Jessica Dunsay Silver, Dennis J. Dimsey, Washington, D. C., Edward R. Korman, U. S. Atty., Brooklyn, N. Y., on brief, for the United States as amicus curiae.

Before MOORE, OAKES and NEWMAN, Circuit Judges.

NEWMAN, Circuit Judge:

This case involves a challenge to the New York City Board of Education's decision to exclude certain mentally retarded children from regular school classes because they are carriers of serum hepatitis. Although the wisdom of this decision is sharply contested by the parties, the initial and crucial issue in the case is whether a federal court should determine the merits of the dispute by reviewing the adequacy of the factual determinations of...

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