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ROBERT M. v. BENTON

No. 79-1763.

622 F.2d 370 (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 May 23, 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.

ORDER OF LIMITED REMAND

Robert M., as next friend of Renee K., brought this action for declaratory and injunctive relief against Iowa school officials after the latter had decided to place Renee K. in a special educational class and Robert M. had exhausted his administrative remedies. The gravamen of Robert M.'s complaint was that defendants had violated provisions of the Education for All Handicapped Children Act of 1975 (the Act), 20 U.S.C. § 1401 et seq...

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