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LIPSCOMB BY AND THROUGH DeFEHR v. SIMMONS

No. 87-4079.

962 F.2d 1374 (1992)

Sheri LIPSCOMB, By and Through Her Next Friend, Carolyn DeFEHR; Autumn Scalf, & William Scalf, By and Through Their Next Friend Gloria Self, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. Dan SIMMONS, Individually and in His Official Capacity as Acting Director, Department of Human Resources of the State of Oregon, & Jess Armas, Individually and in His Official Capacity as Acting Assistant Director, Department of Human Resources of the State of Oregon and Acting Administrator, Children's Services Division, Department of Human Resources of the State of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1992.

Attorney(s) appearing for the Case

Emily Simon and Mark Kramer, Esqs., Kramer & Fifthian-Barrett, Portland, Ore., for plaintiffs-appellants.

Dave Frohnmayer, Atty. Gen. of the State of Ore., Virginia L. Linder, Sol. Gen., Rives Kistler, Asst. Atty. Gen., Salem, Ore., for defendants-appellees.

Stephanie Wald, Supervising Deputy Atty. Gen., San Francisco, Cal., for amicus California Dept. of Social Services.

Darryl L. Hamm, Morrison & Foerster, San Francisco, Cal., for amici L.W., R.S., S.M., J.R., J.R., A.T., S.W. and J.C., et al.

Before: GOODWIN, TANG, FLETCHER, POOLE, D.W. NELSON, NORRIS, BEEZER, BRUNETTI, KOZINSKI, O'SCANNLAIN, and RYMER, Circuit Judges.

Argued En Banc and Submitted November 15, 1990.

GOODWIN, Circuit Judge:

Oregon provides state-funded foster care benefits to all children placed by the state with non-relatives, but it does not provide state-funded foster care for children placed with relatives. We consider whether Oregon's attempt to stretch its foster care dollar violates the United States Constitution. We conclude that it does not.

I. BACKGROUND

Class plaintiffs,

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