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DOE v. KLEIN

No. 77-1885.

599 F.2d 338 (1979)

Jane DOE, a minor, by and through her next friend Marjorie Lambert, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. Milton G. KLEIN, Individually and as Director of the Idaho Department of Health and Welfare, State of Idaho, Department of Health and Welfare, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 27, 1979.

Attorney(s) appearing for the Case

Raymond C. Givens, Idaho Legal Aid Services Inc., Coeur d'Alene, Idaho, for plaintiff-appellant.

James R. Hargis, Deputy Atty. Gen., Health & Welfare Div., Boise, Idaho, for defendants-appellees.

Before VAN DUSEN, WRIGHT and GOODWIN, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We withheld submission of this cause pending disposition by the Supreme Court in two consolidated cases that have recently been decided. Chapman v. Houston Welfare Rights Organization, ___ U.S. ___, 99 S.Ct. 1905, 60 L.Ed.2d 508 (1979). We now order the cause submitted and reverse and remand to the district court with instructions to dismiss for want of subject matter jurisdiction.

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