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JEFF D. v. ANDRUS

No. 87-3586.

899 F.2d 753 (1989)

JEFF D.; Paula E.; John M.; and Dusty R., individually and on behalf of all minors similarly situated, by and through their next friend, Charles Johnson III, Plaintiffs-Appellants, v. Cecil D. ANDRUS; Richard Donovan; George Bachik; and William G. Gruzenski, in their official capacities and their successors in office, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1989.

As Amended March 20, 1990.

Attorney(s) appearing for the Case

Howard A. Belodoff, Idaho Legal Aid Services, Inc., Boise, Idaho, Charles Johnson, III, Johnson, Olson, Robison, Chartered, Pocatello, Idaho, for plaintiffs-appellants.

Michael De Angelo, Deputy Atty. Gen., Health and Welfare Div., Boise, Idaho, Jim Jones, Atty. Gen., Michael J. Reardon, Deputy Attorney General, State of Idaho, Department of Health & Welfare, State of Idaho, Boise, Idaho, for defendants-appellees.

Before NELSON, BOOCHEVER and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

I

A. STATEMENT OF FACTS

Appellants are over 2,000 indigent children, from 8 to 17 years of age, who suffer from emotional and mental handicaps. Evans v. Jeff D., 475 U.S. 717, 720 n. 1, 106 S.Ct. 1531, 1534 n. 1, 89 L.Ed.2d 747 (1986). Appellees are the Governor of Idaho, Director of the Idaho Department of Health and Welfare, Administrator of State Hospital South, and Clinical Director...

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