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DOE v. ANRIG

Civ. A. Nos. 79-909-Z(A), 79-2144-T(A) and 80-0359-Z(A).

561 F.Supp. 121 (1983)

John DOE, Jane Doe, Joseph Doe, Plaintiffs, v. Dr. Gregory ANRIG, Massachusetts Commissioner of Education, Defendant. John ANGIER, Judith Angier, and John Angier, Jr., Plaintiffs, v. Dr. Gregory ANRIG, Massachusetts Commissioner of Education, and the Wayland School Department, Defendants. TOWN OF BURLINGTON and the School Committee for the Town of Burlington, Plaintiffs, v. The DEPARTMENT OF EDUCATION OF the COMMONWEALTH OF MASSACHUSETTS and John Doe, as he is father and next friend of John Doe, Jr., Defendants.

United States District Court, D. Massachusetts.

March 7, 1983.

Attorney(s) appearing for the Case

Anne M. Vohl, Burlington, Mass., David Berman, John F. Zamparelli, Town Counsel, Medford, Mass., for plaintiffs.

Linda M. Irvin, Terry Jean Seligmann, Asst. Atty. Gen., Boston, Mass., for defendants.

Diana S. Gondek, Boston, Mass., for School Committee of Westwood.

Gerald B. Gallagher, Acton, Mass., David Rosenberg, Hill & Barlow, Boston, Mass., for defendant John Doe and John Doe, Jr.

Ellen Janos, Asst. Atty. Gen., Boston, Mass., for defendant Dept. of Educ.

Jeffery Jones, Palmer & Dodge, Boston, Mass., for Town of Wayland School Committee.

Bruce E. Mohl, Asst. Atty. Gen., Boston, Mass., Jim Oliver, Boston, Mass., John Graceffa, Weymouth, for Anrig.

OPINION

BAILEY ALDRICH, Senior Circuit Judge.*

This opinion consolidates three cases raising questions of the right to reimbursement for tuition and travel expenses for handicapped children paid during review proceedings testing the correctness of the school committee's educational and placement decision. The statutes involved are the Education for All Handicapped Children Act (EAHCA), 20 U.S.C. §§ 1401 et seq.,...

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