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COLIN K. BY JOHN K. v. SCHMIDT

Nos. 82-1461, 82-1475.

715 F.2d 1 (1983)

COLIN and Alan K., Minors by JOHN K., Their Next Friend and Father, Plaintiffs, Appellees, v. Thomas C. SCHMIDT, et al., Defendants, Appellees. Middletown School Committee, et al., Appellants. COLIN K., et al., Plaintiffs, Appellants, v. Thomas C. SCHMIDT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 25, 1983.

Attorney(s) appearing for the Case

Joseph B. Going, Newport, R.I., with whom Going & Miller, Ltd., Newport, R.I., was on brief, for Middletown School Committee.

Patricia M. Beede, Newport, R.I., with whom John M. Roney and Roney & Labinger, Providence, R.I., were on brief, for Colin and Alan K.

Before COFFIN and BREYER, Circuit Judges, and BONSAL, Senior District Judge.

COFFIN, Circuit Judge.

These cross appeals challenge two rulings of the United States District Court for the district of Rhode Island. The first is that two learning disabled children cannot consistently with the Education of All Handicapped Children Act (EAHCA), 20 U.S.C. § 1401 et seq., be required to accept placement in the public school system but may remain at a private school at the expense of the municipality's school committee. The second is that...

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