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DEMPSEY BY AND THROUGH DEMPSEY v. LADD

Nos. 86-3921, 86-4091.

840 F.2d 638 (1987)

Thomas DEMPSEY, By and Through his guardian ad litem, Michael DEMPSEY, Plaintiff-Appellee, v. Richard LADD, in his official capacity, Leo Hegstrom, in his official capacity, the Oregon Senior Services Division, and the Oregon Department of Human Resources, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1987.

As Amended March 9, 1988.

Attorney(s) appearing for the Case

Stephen L. Brischetto, Portland, Or., for plaintiff-appellee.

Philip Schradle, Salem, Or., for defendants-appellants.

Before GOODWIN and FERGUSON, Circuit Judges, and STEPHENS, Senior District Judge.

GOODWIN, Circuit Judge:

The State of Oregon appeals from a grant of declaratory and injunctive relief against the Department of Human Resources (DHR) and the Senior Services Division (SSD) ordering the initiation of service payments on behalf of Thomas Dempsey, a mentally handicapped individual residing in a residential care facility. The state also appeals the district court's award of attorneys' fees to counsel for Dempsey. We reverse both awards.

Dempsey...

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