TOWN OF BURLINGTON v. DEPARTMENT OF ED., ETC.

Nos. 80-1527, 81-1112.

655 F.2d 428 (1981)

TOWN OF BURLINGTON and the School Committee of the Town of Burlington, Plaintiffs, Appellants, v. The DEPARTMENT OF EDUCATION OF the COMMONWEALTH OF MASSACHUSETTS and John Doe, as He is the Father and Next Friend of John Doe, Jr., Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 18, 1981.


Attorney(s) appearing for the Case

David Berman and John F. Zamparelli, Medford, Mass., Town Counsel for plaintiffs, appellants.

Michael Broad, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief for appellee, Dept. of Ed. of the Commonwealth of Massachusetts.

Gerald B. Gallagher, Acton, Mass., for defendants, appellees John Doe, etc.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, WYZANSKI, Senior District Judge.


COFFIN, Chief Judge.

The ultimate question to be decided in this case is whether the Town of Burlington, Massachusetts must pay for the special education of John Doe, Jr. The district court held that the Massachusetts Department of Education's decision that the Town must reimburse Doe, Jr.'s father was supported by substantial evidence as a matter of state law. It also denied the Town's motion for stay of the Department's decision and granted Mr. Doe's and the Department...

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