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GARY W. v. STATE OF LA., DHHR

No. 88-3123 Summary Calendar.

861 F.2d 1366 (1988)

GARY W., etc., et al., Plaintiffs-Appellees, v. The STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 1988.

Attorney(s) appearing for the Case

Joel E. Gooch, Marjorie G. O'Connor, Lafayette, La., for defendant-appellant.

James E. Comstock-Galagan, New Orleans, La., for plaintiffs-appellees.

Before POLITZ, KING and SMITH, Circuit Judges.

POLITZ, Circuit Judge:

A magistrate refused to allow the state to depose the special master who presided over the remedial phase of a class action. The district court sustained the magistrate's ruling, and the state appeals. Finding that the special master was not subject to being deposed, we affirm.

Background

The rights of mentally retarded, emotionally disturbed, and other children placed in out...

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