BORENGASSER v. ARKANSAS STATE BD. OF EDUC.

No. 92-3662.

996 F.2d 196 (1993)

Claire BORENGASSER, parent and next friend of Brigit Dollar; Farm Whittaker, parent and next friend of Matthew Whittaker; Laura Whittaker, parent and next friend of Michael Delp; Rebecca Conner, parent and next friend of Michael Delp; Edna Parks, parent and next friend of Quinton Wilson; Ron Calhoun, parent and next friend of Barrett Calhoun; Connie Calhoun, parent and next friend of Barrett Calhoun; J.T. West, parent and next friend of Margo West; Betty West, parent and next friend of Margo West; Mike Mikles, parent and next friend of Matthew Mikles; Johna Mikles, parent and next friend of Matthew Mikles; Billy Teague, parent and next friend of Joshua Teague; Kathleen Lynch, parent and next friend of Joshua Teague; Don Abernathy, parent and next friend of Ronnie Abernathy; Barbara Abernathy, parent and next friend of Ronnie Abernathy; Randy Leathers, parent and next friend of Amber Haynes and Heather Haynes; Barbara Leathers, parent and next friend of Amber Haynes and Heather Haynes; Dub Helms, parent and next friend of Phillip Spears; Kelly Helms, parent and next friend of Phillip Spears; Joann Sims, parent and next friend of Chris Sims; Philipp Morris, parent and next friend of Justin Perkins; Marilyn Morris, parent and next friend of Justin Perkins; Janet Pearcy, parent and next friend of Scott Pearcy; Donald Harris, parent and next friend of David Harris; Rita Harris, parent and next friend of David Harris; Candace Blount, parent and next friend of John Blount; Ralph Rogers, parent and next friend of Ralph Rogers; Sherry Rogers, parent and next friend of Ralph Rogers; Marvin Phillips, parent and next friend of Tony Phillips; Danetta Phillips, parent and next friend of Tony Phillips; Susie Moony, parent and next friend of Eric Moony; Cyndi Prescott, parent and next friend of Wesley Prescott and Joe Prescott; Joanne Travis, parent and next friend of Jeremy Travis; Judy Edwards, parent and next friend of Jaeger Gant; Gary Hammer, parent and next friend of Matthew Hammer; Joan Hammer, parent and next friend of Matthew Hammer, Appellants, v. The ARKANSAS STATE BOARD OF EDUCATION, and its subsidiary agency Arkansas State Department of Education; Fort Smith School District, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 15, 1993.


Attorney(s) appearing for the Case

Gregory T. Karber, Fort Smith, AR, argued, for appellants.

M. Keith Blythe, Fort Smith, AR, argued, for Fort Smith School Dist.

Tim Humphries, Little Rock, AR, argued, for Arkansas State Bd. of Educ.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and BEAM, Circuit Judge.


McMILLIAN, Circuit Judge.

Appellants are the parents of children with learning disabilities who attend school in the Fort Smith School District in Fort Smith, Arkansas. They appeal from an order denying their motion for attorney's fees in the amount of $2,198.00 and costs in the amount of $40.70 entered in the United States District Court for the Western District of Arkansas. Borengasser v. Arkansas State Bd. of Educ., No. 91-2119 (W.D.Ark. Oct. 26,

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