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CHILD v. SPILLANE

No. 88-2072.

866 F.2d 691 (1989)

CHILD, an infant who sues by parent and next of friend parent, Plaintiff-Appellee, v. Robert R. SPILLANE, in his official capacity as Super. Fairfax County, Virginia, Public Schools; School Board of Fairfax County, Virginia, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1989.

Rehearing and Rehearing Denied March 20, 1989.

Attorney(s) appearing for the Case

Thomas J. Cawley (Grady K. Carlson, Stephen M. Sayers, Fairfax, Va., William H. Wright, Jr., Hunton & Williams, Richmond, Va., on brief), for defendants-appellants.

Kenneth Edward Labowitz (Fagelson, Schonberger, Payne and Arthur, Alexandria, Va., Frank M. Feibelman, Wright and Associates, on brief), for plaintiff-appellee.

Before WIDENER, MURNAGHAN, and WILKINS, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 20, 1989.

WILKINS, Circuit Judge:

Dr. Robert R. Spillane and the Fairfax County School Board (Defendants) appeal the district court award of attorney's fees and costs in favor of the Child, an infant who sues anonymously by her next friend and Parent. We vacate the district court award because the Child was not a prevailing party as required by section 505(b) of the Rehabilitation Act of 1973. 29 U.S.C.A. §...

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