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United States First Circuit


Smith v. Firchburg Pub. Sch., 04-1546

Even though plaintiff successfully recovered home and hospital special education services under the Individuals with Disabilities Education Act, her request for attorneys' fees is denied where she is not a "prevailing party" under 20 U.S.C. section 1415(i)(3)(B).

Appellate Information

  • Decided 03/22/2005
  • Published 03/22/2005

Judges

  • STAHL, Senior Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LEVAL, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Theodore M. Hess-Mahan, with whom Shapiro Haber & Urmy LLP, Julia K. Landau, and Massachusetts Advocates for Children, were on brief, for appellant.

  • For Appellees:
  • Doris R. MacKenzie Ehrens, with whom Mary L. Gallant, and Murphy, Hesse, Toomey & Lehane, LLP, were on brief, for appellee.
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