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WESTBERRY v. FISHER

Civ. A. No. 10-80.

297 F.Supp. 1109 (1969)

Richard A. WESTBERRY, and Sarah L. Westberry, individually and on behalf of their minor children, Pauline B. Westberry, David K. Westberry, Carolyn L. Westberry, Carol L. Westberry, John A. Westberry, Charles A. Westberry, Tina M. Westberry, Paul E. Westberry, Frank E. Westberry, Jean A. Westberry; June Martin, individually and on behalf of her minor children Jody Martin, Clyde Martin, Valerie Martin, Cindy Martin, Carl Martin, Dianne Martin, Wayne Martin, David Martin, and Robert Martin and on behalf of all others similarly situated, Plaintiffs, v. Dean FISHER, M.D., individually and in his capacity as Commissioner of the Maine State Department of Health and Welfare; Pauline Smith, individually and in her capacity as Director of the Division of Family Services of the Maine State Department of Health and Welfare; James Tierney, individually and in his capacity as District Director of the Division of Family Services, Portland Branch; David Jenny and Beverly Holloway, social workers of the Maine State Department of Health and Welfare, their agents, successors, and employees and all those in concert, Defendants.

United States District Court D. Maine, S. D.

March 21, 1969.

Attorney(s) appearing for the Case

Donald F. Fontaine, Portland, Me., William L. Robinson, New York City, for plaintiffs.

John W. Benoit, Asst. Atty. Gen., Augusta, Me., for defendants.

Before COFFIN, Circuit Judge, and GIGNOUX and CAFFREY, District Judges.

OPINION

GIGNOUX, District Judge.

This is a class action against the Commissioner and certain administrative personnel of the Maine State Department of Health and Welfare seeking a declaratory judgment, injunctive relief and damages.1 Jurisdiction is properly invoked under the Civil Rights Act, 28 U.S.C. § 1343(3) and (4), and 42 U.S.C. § 1983, and a three-judge District...

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