WELSCH v. LIKINS

Nos. 76-1473, 76-1797.

550 F.2d 1122 (1977)

Patricia WELSCH et al., Appellees, v. Vera J. LIKINS, Commissioner of the Department of Public Welfare of the State of Minnesota, et al., Appellants. Patricia WELSCH et al., Appellees, v. Vera J. LIKINS, Commissioner of the Department of Public Welfare of the State of Minnesota, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 9, 1977.


Attorney(s) appearing for the Case

Thomas L. Fabel, Deputy Atty. Gen., Dept. of Public Welfare, St. Paul, Minn., for appellants; Warren R. Spannaus, Atty. Gen., St. Paul, Minn., on brief.

Luther A. Granquist, Legal Aid Society, Minneapolis, Minn., on brief for appellees.

Philip B. Kurland and Daniel D. Polsby, Chicago, Ill., for Senate and House of Representatives of State of Minnesota, amici curiae.

William J. Janklow, Atty. Gen., Pierre, S. D., for State of South Dakota, amici curiae.

John L. Hill, Atty. Gen. of Texas, David M. Kendall, 1st Asst. Atty. Gen., Thomas W. Choate, Special Asst. Atty. Gen. for State of Texas, Austin, Tex., Robert L. Shevin, Atty. Gen. for State of Florida, Tallahassee, Fla., Ronald Y. Amemiya, Atty. Gen. for State of Hawaii, Honolulu, Hawaii, and Brooks McLemore, Atty. Gen. for State of Tennessee, Nashville, Tenn., and Paul L. Douglas, Atty. Gen. of Neb., Lincoln, Neb., for State of Texas, amicus curiae.

Paul R. Friedman, Jane Bloom Yohalem and Patricia M. Wald, Mental Health Law Project, Washington, D. C., on brief of amici curiae, National Ass'n for Retarded Citizens, Minnesota Ass'n for Retarded Citizens and Council for Exceptional Children.

Jeffrey Cooper, J. Justin Blewitt, Deputy Attys. Gen., Chief, Civil Litigation and Robert P. Kane, Atty. Gen., Dept. of Justice, Harrisburg, Pa., on brief of amicus curiae, Commonwealth of Pennsylvania.

Before BRIGHT and HENLEY, Circuit Judges, and HARPER, Senior District Judge.


HENLEY, Circuit Judge.

These two appeals, arising out of the same case, come to us from the United States District Court for the District of Minnesota.1 The defendants are, respectively, the Commissioner of Public Welfare of the State of Minnesota, certain subordinate officials of the Department, the Minnesota State Commissioner of Administration, and the Minnesota State Commissioner of Finance. They appeal from four orders of the district...

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