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CURTIS v. TAYLOR

Nos. 78-2203, 79-2244.

648 F.2d 946 (1980)

Margarette CURTIS, et al., Plaintiffs-Appellees, v. Alvin J. TAYLOR, Individually and as Secretary of the State of Florida, Department of Health and Rehabilitative Services, Defendant-Appellant. Margarette CURTIS, et al., Plaintiffs-Appellees, v. Alvin J. TAYLOR, etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 1980.

Attorney(s) appearing for the Case

Chester Senf, Asst. Gen. Counsel, Charles Collett, Atty., Florida Dept. of Health & Rehabilitative Services, Tallahassee, Fla., for defendant-appellant.

Legal Services of Greater Miami, Inc., Stephen Maher, Perrine, Fla., Marcia K. Cypen, Legal Services of Greater Miami, Miami, Fla., Florida Legal Services, Robert F. Williams, Tallahassee, Fla., David Fredric Chavkin, National Health Law Program, Washington, D. C., for plaintiffs-appellees.

Before RUBIN and POLITZ, Circuit Judges, and POINTER, District Judge.

ON PETITIONS FOR REHEARING

ALVIN B. RUBIN, Circuit Judge:

The opinion in this case, 625 F.2d 645, is modified as follows:

1. The word "defendants" in the caption and in the text of the opinion is changed to "defendant." 2. The order in case number 78-2203 is changed from "Appeal dismissed" to "Judgment vacated, case remanded with instructions to the district court to enter an order dismissing count I as...

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