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J.D. EX REL. DAVIS v. KANAWHA COUNTY BD. OF EDUC.

No. 08-1244.

571 F.3d 381 (2009)

J.D., by his next friends; Mark DAVIS; Tammy Davis, Plaintiffs-Appellees, v. KANAWHA COUNTY BOARD OF EDUCATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 9, 2009.

Attorney(s) appearing for the Case

Vaughn Sizemore, Bailey & Wyant, PLLC, Charleston, West Virginia, for Appellant. Cynthia E. Evans, Charleston, West Virginia, for Appellees.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Associate Justice O'CONNOR and Judge ANDERSON joined.

OPINION

WILKINSON, Circuit Judge:

Mark and Tammy Davis, the parents of a disabled child, were awarded attorneys' fees by the district court under the Individuals with Disabilities Education Act ("IDEA") after prevailing on several claims before a hearing officer. The defendant school board challenges the award. It argues that attorneys' fees were improper because the parents rejected a settlement offer that was more favorable than the legal relief they ultimately...

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