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BUCKS COUNTY DEPT./MENTAL HEALTH v. PENNSYLVANIA

No. 02-3919.

379 F.3d 61 (2004)

BUCKS COUNTY DEPARTMENT OF MENTAL HEALTH/MENTAL RETARDATION, Appellant v. Commonwealth of PENNSYLVANIA, Department of Public Welfare; Barbara Demora.

United States Court of Appeals, Third Circuit.

Opinion Filed August 18, 2004.

Attorney(s) appearing for the Case

Robert O. Baldi, (Argued), New Hope, PA, for Appellant.

Doris M. Leisch, (Argued), Commonwealth of Pennsylvania, Department of Public Welfare, Philadelphia, Daniel M. Fellin, Commonwealth of Pennsylvania, Office of Legal Counsel, Department of Public Welfare, Harrisburg, PA, for Amicus-Comm. of PA.

Gary S. Mayerson, (Argued), Mayerson & Associates, New York, NY, for Appellees.

Before SLOVITER, ROTH and STAPLETON, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

This case arises under the Individuals with Disabilities in Education Act, 20 U.S.C. § 1400, et seq (1998) (IDEA). The defendant, Bucks County Department of Mental Health and Mental Retardation (Bucks County), appeals the District Court's grant of summary judgment in favor of Barbara de Mora, the plaintiff. The District Court affirmed the Hearing Officer's award, reimbursing de Mora for the time she spent...

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