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DOE BY DOE v. AUSTIN

No. 86-6274.

848 F.2d 1386 (1988)

Samuel DOE, by his mother and next friend, Mary DOE, Plaintiff-Appellee, v. Elbert AUSTIN, Secretary, Cabinet for Human Resources, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 15, 1988.

Rehearing and Rehearing Denied August 3, 1988.

Attorney(s) appearing for the Case

William K. Moore (argued), Cabinet for Human Resources, Office of Gen. Counsel, Frankfort, Ky., for defendant-appellant.

Richard McHugh, Kelly Miller (argued), Legal Aid Society, Inc., Louisville, Ky., for plaintiff-appellee.

Before KEITH, MILBURN, and NORRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 3, 1988.

KEITH, Circuit Judge.

Defendant Elbert Austin, Secretary, Cabinet for Human Resources for the Commonwealth of Kentucky, appeals the order of the district court granting a preliminary injunction and partial summary judgment in favor of plaintiffs, a certified class of mentally retarded persons already involuntarily committed or subject to involuntary commitment...

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