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HUDSON BY AND THROUGH TYREE v. WILSON

Nos. 87-1019, 87-1020.

828 F.2d 1059 (1987)

Cody HUDSON, an infant who sues By and Through his grandmother and next friend, Nancy TYREE, Plaintiff-Appellant, v. Bayse WILSON, Superintendent of Roanoke County Schools; Eddie Kolb, Director, Special Education; Paul Orcutt, Roanoke County School Psychologist, Defendants-Appellants, and S. John Davis, Dr., Superintendent of Public Instruction, State Department of Education, Defendant. Cody HUDSON, an infant who sues By and Through his grandmother and next friend, Nancy TYREE, Plaintiff-Appellee, v. Bayse WILSON, Superintendent of Roanoke County Schools; Eddie Kolb, Director, Special Education; Paul Orcutt, Roanoke County School Psychologist, Defendants-Appellees, and S. John Davis, Dr., Superintendent of Public Instruction, State Department of Education, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Tonita Minge Foster, Roanoke, Va., for appellant.

William Fain Rutherford, Jr. (John L. Walker, Jr.; Theodore R. Kingsley; Woods, Rogers & Hazelgrove; Roanoke, Va., Jean B. Arnold, Blacksburg, Va., on brief), for appellees.

Before WIDENER, PHILLIPS, and CHAPMAN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

This appeal and cross-appeal challenge a federal district court's application of the Education of the Handicapped Act (EHA), 20 U.S.C. §§ 1400 et seq. Cody Hudson, a handicapped infant who initiated this suit by and through his grandmother and next friend in United States District Court for the Western District of Virginia, appeals the district court's denial of his claim for tuition reimbursement for private school...

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