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S-1 AND S-2 v. STATE BD. OF EDUC. OF N.C.

No. 92-1525.

21 F.3d 49 (1994)

S-1 AND S-2, By and Through their parents and Guardians Ad Litem, P-1 AND P-2; P-1 and P-2, Individually, Plaintiffs-Appellees, v. The STATE BOARD OF EDUCATION OF NORTH CAROLINA; Barbara Tapscott, Chairman, State Board of Education of North Carolina, Defendants-Appellants, and C.D. Heidgerd, Hearing Officer, Asheboro City Board of Education; The Asheboro City Board of Education; Mary Smitherman, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 4, 1994.

Attorney(s) appearing for the Case

ARGUED: Edwin Marion Speas, Jr., Sr. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, for appellants. A. Frank Johns, Jr., Booth, Harrington, Johns & Campbell, Greensboro, NC, for appellees. ON BRIEF: Lacy H. Thornburg, Atty. Gen. of NC, North Carolina Dept. of Justice, Raleigh, NC, for appellants.

Before ERVIN, Chief Judge, and RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges, sitting en banc.

Reversed by published per curiam opinion. Judges RUSSELL, WIDENER, WILKINSON, WILKINS, NIEMEYER, LUTTIG, and WILLIAMS voted to reverse the district court. Chief Judge ERVIN and Judges K.K. HALL, PHILLIPS, MURNAGHAN, HAMILTON, and MICHAEL voted to affirm the district court.

OPINION

PER CURIAM:

Plaintiffs, parents of handicapped students enrolled in the Asheboro, North Carolina schools, filed this 42 U.S.C. § 1983 action in 1986 against the Asheboro...

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