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GEORGIA ASS'N OF RETARDED CITIZENS v. McDANIEL

No. 87-8586.

855 F.2d 805 (1988)

GEORGIA ASSOCIATION OF RETARDED CITIZENS, et al., Plaintiffs-Appellants, v. Dr. Charles McDANIEL, in his official capacity as State Superintendent of schools, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 21, 1988.

Attorney(s) appearing for the Case

Phyllis J. Holmen, Jonathan A. Zimring, Atlanta, Ga., for plaintiffs-appellants.

Alfred L. Evans, Jr., Sr. Asst. Atty. Gen., Griffin B. Bell, Jr., Fisher & Phillips, Lawrence S. McGoldrick, Atlanta, Ga., for defendants-appellees.

Before FAY and CLARK, Circuit Judges, and GUIN, District Judge.

CLARK, Circuit Judge:

This case concerns the retroactive application of the attorney's fee provision of the Handicapped Children's Protection Act ("HCPA") of 1986, 20 U.S.C. § 1415(e). Because Congress did not clearly express an intention to have the HCPA apply to final judgments rendered prior to the date the Act became law, we hold, in light of the constitutional difficulties that would otherwise arise, that the Act may not be so construed.

I.

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