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STEMPLE v. BOARD OF ED. OF PRINCE GEORGE'S CTY.

No. 79-1208.

623 F.2d 893 (1980)

Elaine Jean STEMPLE, by her father, and next friend, Rosswell C. Stemple, Appellant, v. The BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY; Norman H. Saunders; A. James Golato; Lesley Kreimer; Sue V. Mills; Maureen K. Steinecke; Chester E. Whiting; Susan B. Bieniasz; Jo Ann T. Bell; Bonnie F. Johns, Christine A. Dant, Individually and as members of the Board of Education of Prince George's County and State Board of Education of The State of Maryland; Richard Schifter, William Sykes, Mary Elizabeth Ellis, William M. Goldsborough, Joanna T. Goldsmith, Albertine Thomas Lancaster, Lawrence A. Miller, Charles E. Thompson, G. George Asake, Individually and as members of the State Board of Education of the State of Maryland, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 1980.

As Amended on Denial of Rehearing and Rehearing August 18, 1980.

Attorney(s) appearing for the Case

Donald N. Bersoff, Baltimore, Md. (Susan P. Leviton, Baltimore, Md., on brief), for appellant.

Ellen M. Heller, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen., of Maryland, Baltimore, Md., James J. Mingle, Asst. Atty. Gen., Paul M. Nussbaum, Mount Rainier, Md., and Richard C. Daniels on brief), for appellees.

Before WINTER, BUTZNER and PHILLIPS, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing In Banc August 18, 1980.

WINTER, Circuit Judge:

Plaintiff, by her father, sued the Board of Education of Prince George's County, Maryland (the County), the Maryland State Board of Education (the State) and, in their individual and official capacities, the persons comprising both bodies to obtain a reimbursement for the tuition cost of her private education. Deeming the proffered educational program in the public...

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