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GRKMAN BY GRKMAN v. SCANLON

Civ. A. No. 81-1086.

563 F.Supp. 793 (1983)

Lindy Sue GRKMAN, a minor by Joseph GRKMAN and Denise Grkman, her parents and natural guardians, and Joseph Grkman and Denise Grkman, Plaintiffs, v. Robert G. SCANLON, individually and in his capacity as Secretary of Education of the Commonwealth of Pennsylvania, et al., Defendants.

United States District Court, W.D. Pennsylvania.

May 25, 1983.

Attorney(s) appearing for the Case

William C. Andrews, Alton P. Arnold, Jr., Baskin & Sears, Pittsburgh, Pa., Takashi Bufford, Dept. of Educ., Commonwealth of Pa., Pittsburgh, Pa., for defendants.

Ralph J. Saunders, Jr., Pittsburgh, Pa., for plaintiffs.

OPINION

DUMBAULD, Senior District Judge.

Ordinarily an appellate court is bound to affirm a judgment on appeal when it is free from error. Binney v. C.&O. Canal Co., 8 Pet. 213, 219, 8 L.Ed. 917 (1834). But if the law has changed pending the appeal the appellate court must apply the law in force at the time of its decision. The Peggy, 1 Cr. 103, 109-110, 5 U.S. 103, 2 L.Ed. 49 (1801).

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