No. 88-8238.

877 F.2d 932 (1989)

Paige MITTEN, By and Through her father and next friend Alan MITTEN, and Alan Mitten, Individually, Plaintiffs-Appellants, v. MUSCOGEE COUNTY SCHOOL DISTRICT, Muscogee County Board of Ed., Dr. Braxton Nail, individually in his capacity as Superintendent, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied September 11, 1989.

Attorney(s) appearing for the Case

Jonathan A. Zimring, Atlanta, Ga., for plaintiffs-appellants.

James E. Humes, II, Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, Ga., for defendants-appellees.

Before HATCHETT and CLARK, Circuit Judges, and HOEVELER, District Judge.

HOEVELER, District Judge.

In this action, the Court is faced with a question of statutory construction. Specifically, the issues before the Court are whether the appellants were prevailing parties under the Handicapped Children's Protection Act of 1986 ("HCPA" or the "Act"), 20 U.S.C. 1415(e) (1986), and whether they are thereby entitled to statutory attorney's fees. This action was brought by the parents of a mentally retarded child against the Muscogee County School...

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