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NICHOLAS BY NICHOLAS v. TAYLOR COUNTY BD. OF EDUC.

No. Civ.A. 1:96-CV-60.

7 F.Supp.2d 789 (1998)

Jeremy NICHOLAS, by his parents, Kyle NICHOLAS and Ramona Nicholas, Kyle Nicholas, individually and Ramona Nicholas, individually, Plaintiffs, v. TAYLOR COUNTY BOARD OF EDUCATION; Wendell Teets; West Virginia Department of Education; and Henry Marockie, Dr., Superintendent, Defendants.

United States District Court, N.D. West Virginia.

June 10, 1998.

Attorney(s) appearing for the Case

Nancy A. Dalby, Braun A. Hamstead, Hamstead & Associates, LC, Charles Town, WV, for Jeremy Nicholas, by his parents Kyle Nicholas and Ramona Nicholas.

Harry M. Rubenstein, Bethann R. Lloyd, Kay, Casto, Chaney, Love & Wise, Morgantown, WV, for Taylor County Bd. of Educ., Wendell Teets, Superintendent.

Michael F. Niggemeyer, Asst. Atty. Gen., Charleston, WV, Darrell V. McGraw, Jr., Atty. Gen., Charleston, WV, John S. Dalporto, Asst. Atty. Gen., Charleston, WV, for West Virginia Dept. of Educ., Henry Marockie, Dr., Superintendent.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

The plaintiff in this civil action under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1461, seeks an award of attorney fees and costs pursuant to 29 U.S.C. § 1415(e)(4)(B). This statute provides that "In any action or proceeding brought under this section, the Court, in its discretion, may award reasonable attorney fees ... to the parents or guardian...

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