DAUBERT v. PERCY

No. 82-2787.

713 F.2d 328 (1983)

Mildred DAUBERT and Ethel Royster, Individually and on behalf of all other persons similarly situated, Plaintiffs-Appellees, v. Donald E. PERCY, Individually and as Secretary of the Department of Health and Social Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1983.

Rehearing and Rehearing Denied September 20, 1983.


Attorney(s) appearing for the Case

Robert W. Larsen, Wis. Dept. of Justice, Madison, Wis., for defendant-appellant.

Margaret J. Vergeront, Legal Action of Wisconsin, Inc., Madison, Wis., for plaintiffs-appellees.

Before CUMMINGS, Chief Judge, COFFEY, Circuit Judge, and WEIGEL, Senior District Judge.


Rehearing and Rehearing En Banc Denied September 20, 1983.

CUMMINGS, Chief Judge.

In 1973, as part of a consent decree a federal district court in Wisconsin issued a permanent injunction against the Secretary of the Wisconsin Department of Health and Social Services ordering him and his successors in office to make certain welfare payments. Seven years later, a successor, a defendant in this suit, moved under Rule 60(b)(5) of the Federal Rules of Civil Procedure...

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