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JENKINS BY AND THROUGH JENKINS v. STATE OF FLA.

No. 90-3394.

931 F.2d 1469 (1991)

Eric Anderson JENKINS, Minor, By and Through his mother, Catherine JENKINS, et al., individually, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. The STATE OF FLORIDA; Lawton Chiles as Governor of the State of Florida; and Gregory Coler, as Secretary of the State of Florida Department of Health and Rehabilitative Services, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 24, 1991.

Attorney(s) appearing for the Case

John H. Hedrick, Asst. General Counsel, Dept. of Health and Rehabilitative Services, Tallahassee, Fla., for defendants-appellants.

Kent R. Spuhler, Jacksonville Area Legal Aid, Inc., Lamar Winegeart, III, Jacksonville, Fla., Anne Swerlick, Tallahassee, Fla., for plaintiffs-appellees.

Before ANDERSON, Circuit Judge, and RONEY and LIVELY, Senior Circuit Judges.

LIVELY, Senior Circuit Judge:

This is the second appeal in a case that was brought under the Education for All Handicapped Children Act of 1975, 20 U.S.C. § 1400 et seq. (the Act). Our consideration of the single issue presented by the defendants in this appeal is controlled by res judicata principles, which require that we affirm the judgment of the district court.

I.

A.

The plaintiffs in this class action, suing by their parents...

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