ASS'N FOR RETARDED CITIZENS OF N.D. v. SCHAFER

No. A1-80-141.

872 F.Supp. 689 (1995)

ASSOCIATION FOR RETARDED CITIZENS OF NORTH DAKOTA; Lindley Black by his father, Sidney Black; Bradley Cossett, by his mother, Denise Cossett; Richard Schneiderhan, by his mother and guardian, Elmira Schneiderhan; Naomi Jordison; Timothy Jordison; Kelli Moriarty, by her mother and guardian, Jacquelyn Moriarty; Phillip Dechant, by his mother and guardian, Lois Dechant, on behalf of themselves and all others similarly situated, Plaintiffs, v. Edward T. SCHAFER, Governor of the State of North Dakota; Rod Backman, Facilities Management; Wanda Krotochzil, Superintendent of the Developmental Center at Grafton; Dr. Jon Rice, State Health Officer, Department of Health; Sam Ismir, Director, Division of Mental Health, Department of Human Services; Sandi Noble, Director, Division of Developmental Disabilities, Department of Human Services; Reuben Guenthner, Director, Department of Vocational Education; Wayne Sanstead, Superintendent of Public Instruction; Gary Gronberg, Director of Special Education Division, Department of Public Instruction; Henry Wessman, Director, Department of Human Services; Gene Hysjulien, Director, Division of Vocational Rehabilitation, Department of Human Services; Lori Wightman, Director, Office of Program and Policy Development, Department of Human Services, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

January 11, 1995.


Attorney(s) appearing for the Case

Michael J. Williams, Fargo, ND, for plaintiffs.

M.K. Heitkamp, Atty. Gen. of N.D., Bismarck, ND, for defendants.


VAN SICKLE, District Judge.

An opinion and order of the United States Court of Appeals for the Eighth Circuit, dated August 14, 1991, Association for Retarded Citizens v. Sinner, 942 F.2d 1235 (8th Cir.1991), directed this court to consider the merits of the claim of the State of North Dakota, pursuant to Fed.R.Civ.P. 60(b)(5), testing whether, if the injunction has become illegal...

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