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BOARD OF EDUC. OF CABELL COUNTY v. DIENELT

No. 87-1083.

843 F.2d 813 (1988)

The BOARD OF EDUCATION OF the COUNTY OF CABELL, a statutory corporation, Plaintiff-Appellant, W. Thomas McNeel, State Superintendent of Schools, Plaintiff-Appellee, and Kendall Hall, President, West Virginia Board of Education, Plaintiff, v. Paul DIENELT; Gary Dienelt; Cynthia Dienelt, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1988.

Attorney(s) appearing for the Case

James Allan Colburn (Baer, Robinson & Colburn, Huntington, W.Va., Marianne K. Hoover, Deputy Atty. Gen., Stephen D. Herndon, Asst. Atty. Gen., Brentz Thompson, Charleston, W.Va., on brief), for plaintiff-appellant.

Williams F. Byrne (Stone, Gallagher & Byrne, on brief), for defendants-appellees.

Before WIDENER and WILKINSON, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

PER CURIAM:

The Cabell County Board of Education (the "Board") appeals from the decision of the district court entered on April 6, 1987, which held that the Board had failed to provide a free and appropriate public education for Paul Dienelt as required by the Education of the Handicapped Act ("EHA"), 20 U.S.C. §§ 1400-1485 (1978 & Supp.1987). A corresponding judgment ordered the Board to reimburse the Dienelts for $67,838.32 in tuition and related expenses...

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