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GRYMES v. MADDEN

No. 81-1809.

672 F.2d 321 (1982)

John M. GRYMES and Joyce M. Grymes on their own behalf and as parents and next friends of James Grymes, a minor, Appellees, v. Kenneth C. MADDEN, individually and as Superintendent of Public Instruction and Secretary of the State Board of Education, the State Board of Education, Albert H. Jones, President; Richard M. Farmer, Vice-President; Robert W. Allen, Harry Camper, Elise Grossman, Kenneth Hilton, and Raymond Tomasetti, members of the State Board of Education, individually and in their official capacities, Dr. Carroll W. Biggs, individually and as Superintendent of the New Castle County School District, Gilbert S. Scarborough, Jr., President; William H. Clark, Vice-President; Mary Divirgilio, Earl J. Reed, Jr. and James H. Sills, Jr., members of the New Castle County School Board, individually and in their official capacities, the New Castle County School Board, and the New Castle County School District, State Board of Education, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Brian J. Hartman (argued), Community Legal Aid Society, Inc., Wilmington, Del., for appellees.

Roger A. Akin (argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for appellants.

Before ADAMS, GIBBONS, and GARTH, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

On this appeal, the Delaware State Board of Education maintains that the district court erred in awarding John and Joyce Grymes full tuition reimbursement for the education of their son, James, in a private school for learning-disabled students during the pendency of their claim under The Education for All Handicapped Children Act, 20 U.S.C. § 1401 et seq. The State Board also challenges the district court's conclusion...

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