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KERR CENTER PARENTS ASSOC. v. CHARLES

Nos. 84-4299, 84-4335.

897 F.2d 1463 (1990)

KERR CENTER PARENTS ASSOC.; Jasen Richardson, By and Through his parent Candace Richardson; Matthew Hasek, By and Through his legal guardian Barbara Hasek; Joseph Barrett, By and Through his parent Robert Barrett, Plaintiffs-Appellees, v. Donald CHARLES and Lake Oswego School District, Defendant-Cross-Claimants Appellees, v. Karen ROACH; Verne Duncan; the Children's Services Division, and the Oregon Department of Education, Defendants-Cross-Claim-Defendants-Appellants. Nancy G. KLINGER, et al., Third-Party Plaintiffs-Appellees, v. CENTENNIAL # 28J, et al., Third-Party Defendants, and Karen Roach; Verne Duncan; Children's Services Division and Oregon Department of Education, Third-Party Defendants-Appellants. KERR CENTER PARENTS ASSOC.; Jasen Richardson, By and Through his parent Candace Richardson; Matthew Hasek, By and Through his legal guardian Barbara Hasek; Joseph Barrett, By and Through his parent Robert Barrett, Plaintiffs-Appellants, v. Donald CHARLES; Karen Roach; Verne Duncan; the Lake Oswego School District; the Children's Services Division; and the Oregon Department of Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission October 14, 1987.

Resubmitted March 3, 1988.

Opinion Issued as Amended February 26, 1990.

Attorney(s) appearing for the Case

Hunter B. Emerick, Lake Oswego School Dist., Portland, Or., for defendants-appellants.

Robert W. Muir, Asst. Atty. Gen., Salem, Or., for State defendants-appellants.

David B. Hatton, Oregon Developmental Disabilities Advocacy Center, Portland, Or., for plaintiffs-appellees.

Before FLETCHER, ALARCON and WIGGINS, Circuit Judges.

ORDER

The petition for rehearing of the state defendants is denied. The petition for rehearing of the plaintiffs-appellees-appellants is granted.

The first opinion filed March 9, 1988, 842 F.2d 1052, is withdrawn. The opinion filed this date is substituted in its stead.

The petitions for rehearing and the revised opinion have been circulated to the full court pursuant to General Order 5.4(b). No member of the court...

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