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FREDERICK L. v. THOMAS

Civ. A. No. 74-52.

408 F.Supp. 832 (1976)

FREDERICK L., a minor by his mother, Delores L., on behalf of himself and all others similarly situated v. Arthur THOMAS, Individually and in his capacity as President of the Board of Education of Philadelphia, et al.

United States District Court, E. D. Pennsylvania.

January 7, 1976.

Attorney(s) appearing for the Case

H. David Kraut, Community Legal Services, Philadelphia, Pa., for plaintiffs.

Stephen Miller, Education Law Center, Inc., Philadelphia, Pa., for plaintiff-intervenor Dela. Valley Assoc. for Children with Learning Disabilities.

Robert T. Lear, Law Dept. School District of Philadelphia, Philadelphia, Pa., for defendant.

Stinson W. Stroup and Maria P. Vickers, Asst. Attys. Gen., Philadelphia, Pa., for Commonwealth.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

This case is before the Court in an unusual posture. A trial on the merits was held while there was an outstanding "motion to dismiss." We will now deny that motion. Counsel will be given an opportunity to be heard in argument on the trial record before we make findings of fact and conclusions of law.

Before setting forth our reasons for denying the motion, it is necessary to explain the basis for the...

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