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DOE v. KOGER

No. 82-1805.

710 F.2d 1209 (1983)

Jane DOE, on Behalf of her minor son, Dennis DOE, individually and on behalf of all persons similarly situated, Plaintiff-Appellant, v. Kenneth J. KOGER, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 1983.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner, Legal Service Program of Northern Indiana, Valparaiso, Ind., for plaintiff-appellant.

David M. Wallman, Deputy Gen. Atty., Indianapolis, Ind., and James J. Olson, Schindler & Olson, Mishawaka, Ind., for defendants-appellees.

Before WOOD and ESCHBACH, Circuit Judges, and SWYGERT, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The only issue is the denial of attorneys' fees to plaintiff in an otherwise concluded suit brought as a class action on behalf of special education students.

Plaintiff alleged that the defendant school officials' practice and policy of expelling special education students for disciplinary reasons violated the Fourteenth Amendment of the United States Constitution, the Education of All Handicapped Children Act (EAHCA),...

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