S-1 BY AND THROUGH P-1 v. SPANGLER

Civ. No. C-85-969-G.

650 F.Supp. 1427 (1986)

S-1 and S-2, By and Through their parents and Guardians Ad Litem, P-1 and P-2; and P-1 and P-2, Individually, Plaintiffs, v. C.D. SPANGLER, Jr., Chairman, State Board of Education of North Carolina; the State Board of Education of North Carolina; the Asheboro City Board of Education; C.D. Heidgerd, Hearing Officer, Asheboro City Board of Education; and Mary Smitherman, Defendants.

United States District Court, M.D. North Carolina, Greensboro Division.

December 31, 1986.


Attorney(s) appearing for the Case

A. Frank Johns, David B. Puryear, Jr., Greensboro, N.C., for plaintiffs.

Edwin M. Speas, Jr., Kaye Webb, Sp. Deputy Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., for defendants Spangler, State Bd. of Educ. of North Carolina, and C.D. Heidgerd.

D. Westcott Moser, John N. Ogburn, Jr., Stephen S. Schmidly, Asheboro, N.C., for defendant Asheboro City Bd. of Educ.

Richard A. Schwartz, Ann L. Majestic, Raleigh, N.C., for defendant Mary Smitherman.


MEMORANDUM OPINION

BULLOCK, District Judge.

Plaintiffs have instituted this action under 42 U.S.C. § 1983, alleging the deprivation of rights secured by the Education for All Handicapped Children Act (EAHCA), 20 U.S.C. § 1401 et seq., and the regulations promulgated pursuant to Section 504 of the Rehabilitation Act of 1973 (RA), 29 U.S.C. § 794, at 34 C.F.R. § 104.30 et seq.

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