Nos. 305, 821, Dockets 82-7441, 82-7591.

706 F.2d 956 (1983)

NEW YORK STATE ASSOCIATION FOR RETARDED CHILDREN, INC., et al. and Patricia Parisi, et al., Plaintiffs-Appellees, v. Hugh L. CAREY, individually and as Governor of the State of New York, et al., Defendants-Appellants. United States of America, Amicus Curiae.

United States Court of Appeals, Second Circuit.

Decided March 31, 1983.

Attorney(s) appearing for the Case

Christopher A. Hansen, New York Civil Liberties Union, Robert M. Levy, Diana T. Tanaka, Legal Aid Society, Archibald R. Murray, Kalman Finkel, Paul, Weiss, Rifkind, Wharton & Garrison, Johnathan D. Siegfried, Helen Hershkoff, Elisa M. Rivlin, New York City, Michael S. Lottman, Washington, D.C., Murray B. Schneps, New York City, for plaintiffs-appellees other than New York State Ass'n. for Retarded Children, Inc.

Walter Redfield, New York City, for plaintiff New York State Ass'n for Retarded Children, Inc.

Taylor R. Briggs, LeBoeuf, Lamb, Leiby & MacRae, Richard C. Cole, Kim Hoyt Sperduto, Joy Feigenbaum, Lawrence W. Pollack, Robert Abrams, New York State Atty. Gen., Frederick K. Mehlman, Asst. Atty. Gen., New York City, for defendants-appellants.

Edward R. Korman, U.S. Atty., E.D.N.Y., Wm. Bradford Reynolds, Asst. Atty. Gen., J. Harvie Wilkinson, Deputy Asst. Atty. Gen., Brooklyn, N.Y., Brian K. Landsberg, Louise A. Lerner, Attorneys, Dept. of Justice, Washington, D.C., for amicus curiae U.S.

Before FRIENDLY and NEWMAN, Circuit Judges, and WYZANSKI, District Judge.

FRIENDLY, Circuit Judge:

The present appeal and a companion case, Docket No. 82-7531, are the latest in a long series of decisions1 spawned by a complaint filed on March 17, 1972, by the New York State Association for Retarded Children, Inc. (NYSARC), other voluntary organizations, and individual mentally retarded persons on behalf of a class of mentally retarded children and adults residing at what was then Willowbrook State School for...


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