Legal Opinion

Phipps v. New Hanover County Board of Education

District Court, E.D. North Carolina

Decided July 12, 1982No. 82-77-Civ-7PublishedCited by 9 opinions

1Opinion of the Court

ORDER

DUPREE, Chief Judge.

This action is brought on behalf of three children who are seriously handicapped by cerebral palsy. They seek an order requiring the defendant New Hanover County Board of Education (“the Board”) to provide them with educational services during the 1982 summer recess. They bring the action pursuant to Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, the Civil Rights Act of 1871, 42 U.S.C. § 1983, and the equal protection clause of the Fourteenth Amendment. A hearing was held on June 16, 1982 on plaintiffs’ motion for preliminary injunction, at which time…

2Cases cited22 opinions

  1. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
  2. Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
  3. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  4. Laurice J. Ezratty v. The Commonwealth of Puerto RicoCourt of Appeals for the First Circuit · 1981
  5. Boxall v. Sequoia Union High School DistrictDistrict Court, N.D. California · 1979

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3Cited by9 opinions

  1. Smith v. RobinsonSupreme Court of the United States · 1984
  2. Colin and Alan K., Minors by John K., Their Next Friend and Father v. Thomas C. Schmidt, Middletown School Committee, Colin K. v. Thomas C. SchmidtCourt of Appeals for the First Circuit · 1983
  3. Crocker v. Tennessee Secondary School Athletic Ass'nCourt of Appeals for the Sixth Circuit · 1989
  4. Brenda Crawford, Etc. v. Edwin L. PittmanCourt of Appeals for the Fifth Circuit · 1983
  5. Yaris v. Special School Dist. of St. Louis CountyDistrict Court, E.D. Missouri · 1983

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