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S-1 v. TURLINGTON

No. 79-2742.

635 F.2d 342 (1981)

S-1, a minor, by and through his mother and next friend, P-1 et al., Plaintiffs-Appellees, v. Ralph D. TURLINGTON, individually, and in his official capacity as Commissioner of Education, State of Florida, Department of Education et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

January 26, 1981.

Attorney(s) appearing for the Case

James D. Little, State Bd. of Ed., Tallahassee, Fla., for Ralph Turlington et al.

John W. Bowen, Orlando, Fla., for James C. Edwards and School Bd. of Hendry County, Fla.

Jacob A. Rose, Florida Rural Legal Services, Inc., Belle Glade, Fla., for plaintiffs-appellees.

Mark L. Gross, Atty., Appellate Section, Civ. Rights Div., Dept. of Justice, Washington, D.C., for the U. S. amicus curiae.

Before VANCE, HATCHETT and ANDERSON, Circuit Judges.

HATCHETT, Circuit Judge.

In this appeal, we are called upon to decide whether nine handicapped students were denied their rights under the provisions of the Education for All Handicapped Children Act, 20 U.S.C. §§ 1401-1415, or section 504 of the Rehabilitation Act of 1973, codified at 29 U.S.C. § 794, and their implementing regulations. The trial court found a denial of rights and entered a preliminary injunction...

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