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STRATHIE v. DEPARTMENT OF TRANSP.

No. 82-1698.

716 F.2d 227 (1983)

STRATHIE, James, on behalf of himself and all others similarly situated v. DEPARTMENT OF TRANSPORTATION, Larsen, Thomas, Acting Secretary of Transportation and Secretary of Transportation Designee, individually and in his official capacity, and Gaffney, Francis, Director, Bureau of Traffic Safety, individually and in his official capacity, and McElhaney, John F., Chief, Public Transportation Division, individually and in his official capacity, and Department of Education, Commonwealth of Pennsylvania, and Scanlon, Robert G., Secretary of Education, individually and in his official capacity, and Council Rock School District, their officers and agents, including but not limited to Byrne, John, Superintendent, Council Rock School District, individually and in his own capacity. Appeal of James STRATHIE.

United States Court of Appeals, Third Circuit.

Decided September 8, 1983.

Attorney(s) appearing for the Case

Stephen F. Gold (argued), American Civil Liberties Foundation of Pennsylvania, Seth F. Kreimer, Susan Hirsch, Southeastern Pennsylvania Legal Services For The Deaf, Philadelphia, Pa., Gary Finder, Law Student, for appellant.

LeRoy S. Zimmerman, Atty. Gen., Carl Vaccaro (argued), Deputy Atty. Gen., Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, and SLOVITER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

James Strathie appeals an order of the district court granting judgment in favor of appellees in his civil rights, 547 F.Supp. 1367, suit after a final hearing. The district court exercised jurisdiction under 28 U.S.C. § 1331 and § 1343. This Court has jurisdiction under 28 U.S.C. § 1291 (1976).

I.

The district court found the following facts,...

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