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JENKINS BY AND THROUGH JENKINS v. STATE OF FLA.

No. 86-3307 Non-Argument Calendar.

815 F.2d 629 (1987)

Eric Anderson JENKINS, a minor, By and Through his mother and next friend, Catherine JENKINS, and Catherine Jenkins, individually, and on Behalf of all others similarly situated, Timothy Burton, a minor, by and through his mother and next friend, Maggie Lee Burton, and Maggie Lee Burton, individually, on their Behalf and on Behalf of all others similarly situated, Plaintiffs-Appellants, v. The STATE OF FLORIDA and Robert Graham, as Governor of the State of Florida; and David Pingree, as Secretary of the State of Florida Department of Health and Rehabilitative Services, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 24, 1987.

Attorney(s) appearing for the Case

Harden King, Asst. Gen. Counsel, Dept. of Health & Rehabilitative Services, B. Elaine New, Tallahassee, Fla., for Pingree.

Eric Joseph Taylor, Asst. Atty. Gen., Dept. of Legal Affairs, Civ. Div., Tallahassee, Fla., for State of Florida and Graham.

Anne Swerlick, Kent R. Spuhler, Jacksonville Area Legal Aid, Lamar Winegeart, III, Jacksonville, Fla., for appellees/cross appellants.

Before RONEY, Chief Judge, HILL and KRAVITCH, Circuit Judges.

PER CURIAM:

In this case, the district court held that the defendants violated the Education for All Handicapped Children Act of 1975, 20 U.S.C.A. § 1400, et seq., granting declaratory and injunctive relief. The appeal from that decision was voluntarily dismissed. The district court denied, however, the plaintiffs' claim for reimbursement of tuition fees. Plaintiffs appealed. In light of the recent Supreme Court decision in Burlington School Comm. v...

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