J.G. v. ROCHESTER CITY SCH. DIST. BD. OF EDUC.

No. 998, Docket 86-9083.

830 F.2d 444 (1987)

J.G., by his mother and next friend, MRS. G.; M.W., by her mother and next friend, Mrs. W.; A.M., by his mother and next friend, Mrs. M.; and K.M., by her mother and next friend, Mrs. M.; on behalf of themselves and all persons similarly situated, Plaintiffs-Appellees, v. The BOARD OF EDUCATION OF the ROCHESTER CITY SCHOOL DISTRICT; John Delvecchio, Archie Curry, Frank Willis, Irene Frusci, Josephine Genovese, Karen Grella, and Gary Smith, individually and in their official capacities as members of the Board of Education of the Rochester City School District; Laval M. Wilson, in his official capacity as Superintendent of the Rochester City Schools; Bernard S. Greenberger, individually and in his official capacity as Director of the Department of Special Education of the Rochester City Schools; Robert Lays, individually and in his official capacity as Assistant Director of the Department of Special Education of the Rochester City Schools; Joseph Salemi, individually and in his official capacity as Assistant Director of the Department of Special Education of the Rochester City Schools, Defendants-Appellants, and The New York State Department of Education, and Gordon M. Ambach, in his official capacity as Commissioner of the New York State Education Department, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 29, 1987.


Attorney(s) appearing for the Case

Adam D. Kaufman, Rochester, N.Y., for defendants-appellants.

Elizabeth L. Schneider, Monroe County Legal Assistance Corp., Rochester, N.Y. (Bryan D. Hetherington, Rochester, N.Y., of counsel), for plaintiffs-appellees.

Before VAN GRAAFEILAND, PRATT and MINER, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of New York (Telesca, J.) awarding attorneys' fees to appellees in a class action brought to compel compliance with federal and State laws governing the identification, evaluation and placement of handicapped students, after the action was settled favorably to appellees. The district court's decision directing the entry of judgment is reported...

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