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COMBS v. SCHOOL BD. OF ROCKINGHAM COUNTY

No. 92-2292.

15 F.3d 357 (1994)

Jeffory S. COMBS, by his mother and next friend, Teresa COMBS, Plaintiff-Appellant, and Teresa Combs, Plaintiff, v. SCHOOL BOARD OF ROCKINGHAM COUNTY, Defendant-Appellee, and David L. Andes, Superintendent; Fred Kennon, Director of Special Education; Gary Lineweaver, Member of School Board in his official capacity; C. Eugene Lantz, Member of School Board in his official capacity; Frederick Eberly, Member of School Board in his official capacity; Marsha Blay, Member of School Board in her official capacity; Bobby W. Necsary, Member of School Board in his official capacity, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 1994.

Attorney(s) appearing for the Case

ARGUED: Roger Allen Ritchie, Roger Ritchie & Partners, P.L.C., Harrisonburg, VA, for Appellants. Douglas Leigh Guynn, Wharton, Aldhizer & Weaver, Harrisonburg, VA, for Appellee. ON BRIEF: Jennifer E. Kirkland, Wharton, Aldhizer & Weaver, Harrisonburg, VA, for Appellee.

Before RUSSELL and WILLIAMS, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILLIAMS, Circuit Judge:

The question before us is whether Jeffory Combs ("Combs")1 may recover attorneys' fees as the prevailing party in an action brought under the attorneys' fees provision of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485, against the School Board of Rockingham County ("School Board"). In administrative proceedings...

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