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KERR CENTER PARENTS ASSOC. v. CHARLES

Nos. 84-4299, 84-4335.

842 F.2d 1052 (1988)

KERR CENTER PARENTS ASSOC.; Jasen Richardson, By and Through his parent Candace Richardson; Matthew Hasek, By and Through his legal guardian Barbara Hasek; Joseph Barrett, By and Through his parent Robert Barrett, Plaintiffs-Appellees, v. Donald CHARLES and Lake Oswego School District, Defendant-Cross-Claimants Appellees, v. Karen ROACH; Verne Duncan; the Children's Services Division, and the Oregon Department of Education, Defendants-Cross-Claim-Defendants-Appellants. Nancy G. KLINGER et al., Third-Party Plaintiffs-Appellees, v. CENTENNIAL # 28J, et al., Third-Party Defendants, and Karen Roach; Verne Duncan; Children's Services Division and Oregon Department of Education, Third-Party Defendants-Appellants. KERR CENTER PARENTS ASSOC.; Jasen Richardson, By and Through his parent Candace Richardson; Matthew Hasek, By and Through his legal guardian Barbara Hasek; Joseph Barrett, By and Through his parent Robert Barrett, Plaintiffs-Appellants, v. Donald CHARLES; Karen Roach; Vern Duncan; the Lake Oswego School District; the Children's Services Division; and the Oregon Department of Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission October 14, 1987.

Resubmitted March 3, 1988.

Decided March 9, 1988.

Attorney(s) appearing for the Case

David B. Hatton, Oregon Developmental Disabilities Advocacy Center, and Steven Brischetto, Portland, Or., for plaintiffs.

Hunter B. Emerick, Lake Oswego School Dist., Portland, Or., for Lake Oswego School Dist. and Donald Charles.

Robert W. Muir, Asst. Atty. Gen., Salem, Or., for defendants-appellees.

Before FLETCHER, ALARCON and WIGGINS, Circuit Judges.

FLETCHER, Circuit Judge:

The Oregon Department of Education and the Children's Services Division of the Department of Human Resources appeal from an order of the district court granting summary judgment in favor of the Kerr Center Parents Association and the Lake Oswego School District. The Kerr Center Parents Association cross-appeals from an order denying its petition for attorney's fees.

The district court found that the state agencies were in violation...

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