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BURR BY BURR v. AMBACH

No. 116, Docket 88-7275.

863 F.2d 1071 (1988)

Clifford BURR, by his Parents and Next Friends, Kenneth BURR, Betty Burr, Plaintiffs-Appellants, v. Gordon AMBACH, As Commissioner of the New York State Education Department, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 12, 1988.

Attorney(s) appearing for the Case

Ellen M. Saideman, New York City (New York Lawyers for the Public Interest, of counsel), Bruce Loren, Legal Intern, Brooklyn, N.Y. (BLS Legal Services Corp., Federal Litigation Program, Luzmina Gonzalez, Legal Intern, Kathleen A. Sullivan, of counsel), for plaintiffs-appellants.

Martha O. Shoemaker, New York City (Asst. Atty. Gen. of the State of N.Y., Robert Abrams, Atty. Gen. of the State of N.Y., Stuart Kaufman, Legal Intern, on the brief, of counsel), for defendant-appellee.

Brown & Wood, New York City (Peter Tufo, Anita Fisher Barrett, of counsel), for The New York Institute for the Educ. of the Blind, amicus curiae.

Before FEINBERG, Chief Judge, and NEWMAN and GARTH, Circuit Judges.

FEINBERG, Chief Judge:

Clifford Burr, by his parents and next friends Kenneth Burr and Betty Burr, appeals from two orders of the United States District Court for the Southern District of New York, Robert L. Carter, J., dismissing plaintiff's claims under the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq. (hereafter "EHA" or "the Act"), and denying recovery of attorney's fees from the New York State Commissioner of Education, defendant in this case...

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