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SWAN v. STONEMAN

No. 1080, Docket 79-7729.

635 F.2d 97 (1980)

John L. SWAN, on behalf of himself and on behalf of all others similarly situated, Plaintiff-Appellant, and Paul E. Ambrose, Richard W. Bowley and Linda J. Gaudette, Intervenors-Appellants, v. R. Kent STONEMAN, Commissioner of the Department of Social and Rehabilitation Services, State of Vermont, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 17, 1980.

Attorney(s) appearing for the Case

James C. May, Springfield, Vt. (Neil Mickenberg, Vermont Legal Aid, Inc., Springfield, Vermont, on brief), for intervenors-appellants.

Geoffrey A. Yudien, Asst. Atty. Gen., Waterbury, Vt. (M. Jerome Diamond, Atty. Gen., Waterbury, Vt., on brief), for defendant-appellee.

Before LUMBARD, VAN GRAAFEILAND and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

The action giving rise to this appeal was commenced by plaintiff John Swan on February 2, 1979, seeking declaratory and injunctive relief under 42 U.S.C. § 1983 on behalf of himself and all others similarly situated, on the grounds that certain practices and procedures of the Vermont Department of Social and Rehabilitation Services deprived the purported class of rights under the federal Rehabilitation...

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