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HELMS v. McDANIEL

No. 81-7111 Summary Calendar.

657 F.2d 800 (1981)

Edward HELMS, Individually and on behalf of his minor child, Alice Dawn Helms, Plaintiffs-Appellants, v. Dr. Charles McDANIEL, Individually and in his official capacity as Superintendent of the Georgia State Board of Education, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied November 9, 1981.

Attorney(s) appearing for the Case

Brant Jackson, Jr., Atlanta, Ga., for plaintiffs-appellants.

Alfred L. Evans, Sr. Asst. Atty. Gen., Atlanta, Ga., Jones, Cork, Miller & Benton, Wallace W. Plowden, Jr., Frank L. Butler, III, Macon, Ga., for defendants-appellees.

Before TJOFLAT, VANCE and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 9, 1981.

VANCE, Circuit Judge:

This case involves a challenge to the procedures by which the state of Georgia has attempted to comply with the requirements of the Education for All Handicapped Children Act (EHA), 20 U.S.C. §§ 1401 et seq., and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Both parties stipulated that the action be tried on the basis of pleadings, exhibits and...

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