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ABNEY BY KANTOR v. DISTRICT OF COLUMBIA

No. 87-7102.

849 F.2d 1491 (1988)

David ABNEY, by next friend Margaret KANTOR, Appellant v. DISTRICT OF COLUMBIA, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1988.

Attorney(s) appearing for the Case

Matthew B. Bogin, with whom Michael J. Eig, Washington, D.C., was on the brief, for appellant. Beth Goodman, Washington, D.C., also entered an appearance for appellant.

Susan S. McDonald, Asst. Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellees.

Before EDWARDS, SILBERMAN and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case comes to us on appeal from a decision by the District Court dismissing a suit for injunctive relief under the Education of the Handicapped Act ("EHA"), as amended, 20 U.S.C. §§ 1400-1461 (1982 & Supp. IV 1986). Between September 1985 and February 1986, the District of Columbia ("District") failed to provide David Abney, a mentally retarded teenager...

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