KOMNINOS v. UPPER SADDLE RIVER BD. OF EDUC.

No. 93-5586.

13 F.3d 775 (1994)

Stephen KOMNINOS, an infant, by his Guardian Ad Litem, Thomas Komninos; Thomas Komninos; Winifred Komninos, Individually, Appellants, v. UPPER SADDLE RIVER BOARD OF EDUCATION, Appellee.

United States Court of Appeals, Third Circuit.

Decided January 12, 1994.


Attorney(s) appearing for the Case

Charles Rodgers (argued), Lawrence Z. Farber, Breslin and Breslin, P.A., Hackensack, NJ, for appellants.

Frederic M. Shulman (argued), Ralph J. Padovano, Antimo A. Del Vecchio, Beattie Padovano, Montvale, NJ, for appellee.

Before: BECKER, NYGAARD, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal, we determine that a district court may entertain a motion for a preliminary injunction before administrative remedies have been exhausted if a School Board's interim placement decision under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400-1484a, will cause irreparable harm to a child. Because the district court erred in concluding that it lacked jurisdiction, before making...

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