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JEFFERSON COUNTY BD. OF EDUC. v. BREEN

No. 87-7625.

853 F.2d 853 (1988)

JEFFERSON COUNTY BOARD OF EDUCATION, Plaintiff-Counterclaim-Defendant-Appellant, v. Anne BREEN, an individual; Anne Breen as next friend of Alice Breen; Alice Breen, an individual, Defendants-Counterclaim-Plaintiffs Third Party-Plaintiffs-Appellees, v. ALABAMA DEPARTMENT OF EDUCATION; Wayne Teague in his official capacity as the Superintendent of the Alabama Department of Education, Third Party-Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 29, 1988.

Attorney(s) appearing for the Case

Bishop, Colvin & Johnson, Carl E. Johnson, Jr., Birmingham, Ala., for appellant.

Alabama Disabilities Advocacy Program, Garth A. Corbett, Edward H. Stevens, George W. Harris, Tuscaloosa, Ala., for appellees.

Denise B. Azar, State Dept. of Educ., Office of General Counsel, Montgomery, Ala., for other interested parties.

Before HILL and HATCHETT, Circuit Judges, and GIBSON, Senior Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge:

The primary issue in this case is whether Bryce Hospital in Tuscaloosa, Alabama is capable of providing Alice Breen "a free appropriate public education" as provided by the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq. (the Act). The district court found that Bryce Hospital lacks the facilities necessary to treat Alice, but that the Ranch Treatment Center in Austin, Texas is capable of providing an appropriate...

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