HYMES v. HARNETT COUNTY BD. OF ED.

No. 81-1236.

664 F.2d 410 (1981)

Agrippa HYMES, by his next friend and guardian ad litem, Eunice Hymes, Appellant, v. HARNETT COUNTY BOARD OF EDUCATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1981.

Rehearing Denied January 7, 1982.


Attorney(s) appearing for the Case

Louis L. Lesesne, Jr., Charlotte, N. C. (Gillespie & Lesesne; Jonathan Wallas, Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, P.A., Charlotte, N. C., on brief), for appellant.

Robert H. Jones, Dunn, N. C. (Bryan, Jones & Johnson, Dunn, N. C., on brief), and Michael Smith, Chapel Hill, N. C., for appellee.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.


MURNAGHAN, Circuit Judge:

The parent of a child of elementary school age and a Board of Education faced a difficult problem, ultimately requiring resort to litigation for resolution. The child, shortly after birth had had inserted in his neck, to facilitate his breathing, a tracheostomy tube. The tube frequently required attention, while the child was at school, which the child, of tender years, could not on his own provide. The attention involved suctioning of mucus...

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