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GEORGE BY AND THROUGH GEORGE v. DONOVAN

No. 16462.

757 P.2d 651 (1987)

114 Idaho 388

Trin GEORGE, By and Through, her next friend and mother Bonnie GEORGE, Michael Fodge, by and through his next friend and father Kermit Fodge, and Lucas Mead, by and through his next friend and mother Pamela Mead, Plaintiffs-Respondents, v. Rich DONOVAN, individually and in his official capacity as Director of the Department of Health and Welfare, Jerry Harris, individually and in his capacity as Administrator of the Division of Community Rehabilitation, Cecil Andrus, in his official capacity as Governor, and the Idaho Department of Health and Welfare, Defendants-Appellants.

Supreme Court of Idaho.

On Rehearing June 23, 1988.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., James Wickham, Michael R. De Angelo, Deputy Attys. Gen., Boise, for defendants-appellants.

J. Brent Marchbanks, Boise, for plaintiffs-respondents.

DONALDSON, Justice.

Idaho Department of Health and Welfare (the Department) and related defendants appeal from an order of the district court issuing a Writ of Mandamus and enjoining them from discontinuing disability benefits to respondents, three developmentally disabled children. The court below ruled that legislative enactments mandated the continued allocation of disability benefits to respondents even though all funds...

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