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THOMAS v. STAATS

Civ. A. No. 83-A094.

633 F.Supp. 797 (1985)

Sarah THOMAS and Janet Thomas Meek, Plaintiffs, v. William D. STAATS, Superintendent of Schools, Board of Education of the County of Wood; Board of Education of the County of Wood; Roy Truby, State Superintendent of Schools; and West Virginia Board of Education, Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

December 19, 1985.

Attorney(s) appearing for the Case

William F. Byrne, Morgantown, W.Va., for plaintiffs.

Fred L. Davis, Jr., Howard E. Seufer, Jr., Davis, Bailey, Pfalzgraf & Hall, Parkersburg, W.Va., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

This is an action under the Education for All Handicapped Children's Act of 1975 (EAHCA). Pending before the Court is the Defendants' motion for summary judgment. As ground for their motion, the Defendants claim that the Plaintiffs' action was untimely brought, i.e., that it falls outside the period of limitations applicable to this type of action.

I. Background

Janet Thomas Meek instituted...

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