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LESTER H. BY OCTAVIA P. v. GILHOOL

No. 89-2046.

916 F.2d 865 (1990)

LESTER H., a minor, who sues by his mother and next friend, OCTAVIA P., and Octavia P., on her own behalf, v. Thomas K. GILHOOL, Secretary of Education, Commonwealth of Pennsylvania and The Chester Upland School District. Appeal of CHESTER UPLAND SCHOOL DISTRICT.

United States Court of Appeals, Third Circuit.

Decided September 27, 1990.

Rehearing and Rehearing Denied October 24, 1990.

Attorney(s) appearing for the Case

Leo A. Hackett (argued), Fronefield & deFuria, Media, Pa., for appellant.

Janet F. Stotland (argued), Education Law Center, Inc., Philadelphia, Pa., for appellees.

Before BECKER, HUTCHINSON and NYGAARD, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 24, 1990.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this declaratory judgment action brought pursuant to the Education of the Handicapped Act ("EHA"), 20 U.S.C. §§ 1401-1415, as amended, Education for All Handicapped Children Act of 1975, Pub.L. No. 94-142, and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1973), the district court awarded the plaintiff,...

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