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ARC v. SCHAFER.

No. 95-1496.

83 F.3d 1008 (1996)

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, Elmira Schneiderhan; Naomi Jordison, by her father, Timothy Jordison; Kelli Moriarty, by her mother, Jacquelyn Moriarty; Phillip Dechant, by his mother, Lois Dechant, on behalf of themselves and all others similarly situated, Plaintiffs — Appellees, v. Edward T. SCHAFER, Governor of the State of North Dakota; Charles Mertens; Wanda Kratochvil; Dr. Jon Rice; Sam Ismir; Sandi Noble; Reuben Guenthner; Wayne Sanstead; Gary Gronberg; Henry Wessman; Gene Hysjulien; Yvonne Smith, Defendants — Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 15, 1996.

Attorney(s) appearing for the Case

Sara Beth Gullickson, Fargo, ND, argued, for appellants.

Michael James Williams, Fargo, ND, argued, for appellees.

Before McMILLIAN, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

LOKEN, Circuit Judge.

This is a class action challenging the State of North Dakota's programs and facilities for the mentally retarded. The district court issued a broad permanent injunction in 1982, and we affirmed. Association for Retarded Citizens v. Olson, 561 F.Supp. 473 (D.N.D. 1982), aff'd, 713 F.2d 1384 (8th Cir.1983). However, in 1991 we held that the Eleventh Amendment...

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