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ROBERT M. v. BENTON

No. 79-1763.

634 F.2d 1139 (1980)

ROBERT M., as Next Friend of Renee K., Appellee, v. Dr. Robert D. BENTON, individually and as State Superintendent of Public Instruction; Mr. J. Frank Vance as State Director of the Division of Special Education, Appellants. Dr. Marilyn Marsh, as Director of Special Education, Area Education Agency 12; Mr. Donald Southwick, individually and as Superintendent of West Monona Community School District.

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Howard O. Hagen, Asst. Atty. Gen., Des Moines, Iowa, for appellants; Thomas J. Miller, Atty. Gen., Des Moines, Iowa, on brief.

Martin Ozga, Sioux City, Iowa, for appellee.

Before BRIGHT, ROSS, and ARNOLD, Circuit Judges.

BRIGHT, Circuit Judge.

Robert M., as next friend of Renee K., brought this complaint against Iowa school officials after the latter decided to place Renee K. in special education classes. Dr. Robert D. Benton, Iowa Superintendent of Public Instruction, now appeals from the district court1 judgment declaring that he violated a provision of the Education for All Handicapped Children Act of 1975 (the Act)2 by...

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