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LELSZ BY AND THROUGH LELSZ v. KAVANAGH

No. 86-1736.

824 F.2d 372 (1987)

John LELSZ, By and Through his parents and guardians, Mr. & Mrs. LELSZ, et al., Plaintiffs-Appellees, v. John J. KAVANAGH, M.D., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 14, 1987.

Attorney(s) appearing for the Case

Toni Hunter, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Martha H. Allan, Asst. Atty. Gen., Austin, Tex., for defendants-appellants.

David Ferleger, Barbara Hoffman, Philadelphia, Pa., For Lelsz.

Diane Shisk, Advocacy Inc., Austin, Tex., For Advocacy, Inc.

David C. Shaw, Hartford, Conn., Rona Statman, Austin, Tex., for Association of Retarded Citizens — Texas.

Before WRIGHT, GEE and JOLLY, Circuit Judges.

GEE, Circuit Judge:

The State of Texas appeals an order issued by Judge Sanders in the Texas mental health care case.1 That order specified which plaintiff class members the defendant must pay for directly as agreed to in the Resolution and Settlement (R & S) entered into by the parties and approved by the district court in 1983. The dispute hinges on the definition of "defendants' facilities" found in paragraph 6b of the R & S...

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