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MATTHEWS BY MATTHEWS v. DAVIS

No. 83-1594.

742 F.2d 825 (1984)

David Bruce MATTHEWS, an infant who sues by his mother and next friend, Elizabeth J. MATTHEWS, Appellant, v. Dr. S. John DAVIS, in his official capacity as Superintendent of Public Instruction, Virginia Department of Education, Howard O. Sullins, individually, and in his official capacity as Division Superintendent, Chesterfield County Public Schools, C.E. Curtis, Jr., G.R. Partin, John S. Harvie, III, A. Perry Strickland, III, E.A. Moseley, Jr., each in his or her capacity as members of the Chesterfield County School Board, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1984.

Attorney(s) appearing for the Case

John F. Rick, Manassas, Va. (Christopher M. Malone, Thompson & McMullan, Richmond, Va., on brief) for appellant.

Oliver D. Rudy, Chesterfield, Va. (Rudy, Gill & Keown, Chesterfield, Va., David R. Johnson, Williams, Mullen & Christian, Phyllis C. Katz, Asst. Atty. Gen., Richmond, Va., on brief), for appellees.

Before RUSSELL and WIDENER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WIDENER, Circuit Judge:

Appellant David Bruce Matthews, by his mother Elizabeth J. Matthews, appeals from an order of the district court which released the Chesterfield County public school system from its obligation under a previous order of the district court to provide 24-hour residential care and education for David, a severely handicapped child, as a part of his educational program. We affirm the judgment of the district court, and make only a slight alteration...

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