Legal Opinion

Metropolitan School District of Wayne Township v. Davila

Court of Appeals for the Seventh Circuit

Decided July 30, 1992No. 91-3386PublishedCited by 10 opinions

1Opinion of the Court

BAUER, Chief Judge.

In this appeal, Robert Davila on behalf of the United States Department of Education challenges the district court’s grant of summary judgment in favor of the Metropolitan School District of Wayne Township and the plaintiff class. The district court held that a letter purporting to interpret part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411-20 (“the IDEA-B” or “the Act”),2 was a legislative ruling subject to the notice and comment procedures of the Administrative Procedure Act, 5 U.S.C. § 553 (“APA”). We reverse, and remand for entry of summary…

2Cases cited21 opinions

  1. Honig v. DoeSupreme Court of the United States · 1988
  2. General Electric Co. v. GilbertSupreme Court of the United States · 1976
  3. Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
  4. Batterton v. FrancisSupreme Court of the United States · 1977
  5. American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987

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3Cited by10 opinions

  1. Nat'l Org. Of Veterans Advocates v. Secr'y Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
  2. National Organization of Veterans' Advocates, Inc. v. Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
  3. John Doe v. Board Of Education Of Oak Park & River Forest High School District 200Court of Appeals for the Seventh Circuit · 1997
  4. Miami Nation of Indians of Indiana, Inc. v. BabbittDistrict Court, N.D. Indiana · 1995
  5. Commonwealth of Virginia Department of Education v. RileyCourt of Appeals for the Fourth Circuit · 1996

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