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SCRUGGS v. CAMPBELL

No. 79-1704.

630 F.2d 237 (1980)

Patricia and Ed W. SCRUGGS, individually and on behalf of their minor child, Susanna Scruggs, Appellants, v. W. E. CAMPBELL, Individually and in his official capacity; The Board of Education of the Commonwealth of Virginia; Henry W. Tullock; W. W. Robinson; Mark Fravel, Jr.; Billy W. Frazier; Elizabeth G. Helm; Allix B. James; Elizabeth M. Rogers; Thomas R. Watkins; Kenneth S. White; Earl W. Johnson; The County School Board of Pittsylvania; E. B. Fitzgerald, Jr.; D. Duane Burnett; Obie Glen Adams; Koyeton H. Beavers, Jr.; William S. Easley, Jr.; Carter G. Layne; George A. Martin; Calvin C. Oakes; Carl A. Obuchowski; Edith W. Smith; Harold E. Terry; William K. Pearson, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1980.

Attorney(s) appearing for the Case

William A. Beeton, Jr., Altavista, Va. (Harvey, Eller & Beeton, Altavista, Va., on brief), for appellants.

Walter H. Ryland, Chief Deputy Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Muriel N. Hopkins, Asst. Atty. Gen., Richmond, Va., Frank O. Meade, Danville, Va., on brief), for appellees.

Before BUTZNER, RUSSELL and PHILLIPS, Circuit Judges.

BUTZNER, Circuit Judge:

This appeal raises a question about the propriety of bifurcating a single controversy over the education of a handicapped child by litigation in both state and federal courts. The district court held that the issues arising out of the controversy should not be tried in both forums, and it dismissed the complaint filed by Patricia and E. W. Scruggs, parents of the child, against state and county educational officials. We affirm because the state...

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