CATLIN v. AMBACH

Nos. 903, 904, Docket 86-7853, 86-7855.

820 F.2d 588 (1987)

Daniel CATLIN and Dundeen Catlin, Individually and as parents and natural guardians of Dunbar Elliott, a/k/a "Dell" Catlin, a handicapped child, Plaintiffs-Appellees, v. Gordon M. AMBACH, Commissioner of Education of the State of New York, John F. Holdorf, Superintendent of Schools of the Edmeston Central School District, and the Board of Education of the Edmeston Central School District, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 15, 1987.


Attorney(s) appearing for the Case

Julie S. Mereson, Asst. Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., State of N.Y., Albany, N.Y., of counsel), for defendant-appellant Ambach.

Edward J. Sarzynski, Binghamton, N.Y. (Hogan & Sarzynski, Binghamton, N.Y., of counsel), for defendants-appellants John F. Holdorf and Board of Educ.

Lawrence W. Thomas, Mount Kisco, N.Y. (James P. Drohan, Anderson, Banks, Moore, Curran & Hollis, Mount Kisco, N.Y., of counsel), for plaintiffs-appellees Daniel Catlin, Dundeen Catlin and Dunbar Elliot Catlin, a/k/a "Dell" Catlin.

Norman H. Gross, Atty. for the New York State School Boards Ass'n, Albany, N.Y., for amicus curiae New York State School Boards Ass'n.

Before MESKILL and NEWMAN, Circuit Judges, and BLUMENFELD, District Judge.


MESKILL, Circuit Judge:

This is an appeal from a judgment following an order of the United States District Court for the Northern District of New York, Munson, C.J., denying defendants' motion for summary judgment and granting plaintiffs' motion for summary judgment, 644 F.Supp. 161. Plaintiffs Daniel and Dundeen Catlin (Catlins) brought this action under 42 U.S.C. § 1983 (1982) in the district court on behalf of their son...

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