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FRUTIGER v. HAMILTON CENT. SCHOOL DIST.

No. 1073, Docket No. 90-7881.

928 F.2d 68 (1991)

Theodore and Janice FRUTIGER, On Behalf of Their Infant Daughter, Amy, a Handicapped Child, Appellants, v. HAMILTON CENTRAL SCHOOL DISTRICT and Thomas E. Sobel, Commissioner of Education, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Ronald R. Benjamin, Binghamton, N.Y., for appellants.

Martha L. Berry, Syracuse, N.Y. (Hancock & Estabrook, of Counsel), for appellee Hamilton Cent. School Dist.

Robert Abrams, Albany, N.Y., Atty. Gen., of the State of N.Y., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Leslie B. Neustadt, Asst. Attys. Gen., for appellee Thomas E. Sobol, Com'r of Educ.

Before FEINBERG, MINER and MAHONEY, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiffs Theodore and Janice Frutiger appeal from an order of the United States District Court for the Northern District of New York, dated September 10, 1990, Howard G. Munson, J., denying plaintiffs' application for an evidentiary hearing to determine the appropriate educational placement for their daughter Amy for the 1990-91 school year. Judge Munson denied plaintiffs' application on the ground that they did not present any compelling...

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