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CHILDREN'S HEALTHCARE IS A LEGAL DUTY v. DETERS

No. 95-3850.

92 F.3d 1412 (1996)

CHILDREN'S HEALTHCARE IS A LEGAL DUTY, INC.; Steven Brown; Eve Brown; and Hillary Brown; and on behalf of a class of children in the state of Ohio similarly situated, Plaintiffs-Appellees, v. Joseph T. DETERS, Hamilton County, Ohio, Prosecutor; Fay Dupuis, Cincinnati, Ohio, City Solicitor, et al., Defendants, Betty Montgomery, Attorney General of Ohio, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 5, 1996.

Rehearing and Suggestion for Rehearing Denied September 20, 1996.

Attorney(s) appearing for the Case

Scott T. Greenwood (briefed), Greenwood & Hudson, Cincinnati, OH, Robert J. Bruno (argued), Robert J. Bruno, Ltd., Burnsville, MN, for Children's Healthcare is a Legal Duty, Inc., Steven M. Brown.

Susan E. Ashbrook (argued and briefed), David A. Oppenheimer, Office of the Attorney General of Ohio, Columbus, OH, for Betty Montgomery.

Before: MARTIN and BATCHELDER, Circuit Judges; WISEMAN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 20, 1996.

BATCHELDER, J., delivered the opinion of the court in Part I, in which MARTIN, J., and WISEMAN, D.J., joined, and also delivered a separate opinion in Parts II and III (pp. 1418-25).

BATCHELDER, Circuit Judge.

The plaintiffs filed this action under 42 U.S.C. § 1983 in the United States District Court for the Southern District of Ohio against several defendants. The district...

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