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WESTBERRY v. FISHER

Civ. No. 10-80.

309 F.Supp. 12 (1970)

Richard A. WESTBERRY et al., 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.

January 12, 1970.

Attorney(s) appearing for the Case

Donald F. Fontaine, Robert E. Mittel, Thomas P. Downing, Portland, Me., William L. Robinson, New York City, Peter A. Anderson, James P. Dunleavy, Pine Tree Legal Assistance, Inc., Presque Isle, Me., A. MacNichol, South Portland, Me., Ward T. Hanscom, Sanford, Me., for plaintiffs.

Ruth L. Crowley, Janice M. Lynch, Keith N. Edgerly, Asst. Attys. Gen., Augusta, Me., for defendants.

OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

This is a class action under 42 U.S.C. § 1983 (1964)1 against the Commissioner and certain administrative personnel of the Maine State Department of Health and Welfare seeking a declaratory judgment, injunctive relief and damages. Federal jurisdiction was properly invoked under 28 U.S.C. § 1343 (3) and (4) (1964).

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