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FLEMMING v. COLORADO STATE BOARD OF EDUCATION

No. 21124.

400 P.2d 932 (1965)

Barbara FLEMMING, a minor, by her mother and next friend, Darlene B. De Sylva, Plaintiff in Error, v. The COLORADO STATE BOARD OF EDUCATION, Composed of Alva B. Adams, Anna C. Petteys, Clarence D. Bliss, Hugh E. Chastin and Bernice S. Frieder, an Agency of the State of Colorado, and the Colorado State Department of Education, an Agency of the State of Colorado, and Byron W. Hansford, as Commissioner of Education in said Department of Education, Defendants in Error.

Supreme Court of Colorado. En Banc.

April 12, 1965.

Attorney(s) appearing for the Case

Cole & Maley, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John W. Patterson, Asst. Atty. Gen., Denver, for defendants in error.

DAY, Justice.

This writ of error involves an interpretation of the statutes and rules and regulations of the State Board of Education relating to special educational programs for physically handicapped children (C.R.S. '53, 123-22-1, et seq.)

The parties are aligned here as they were in the trial court. We will refer to plaintiff in error as plaintiff and to the defendants in error collectively as defendant or by...

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