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WHALEN v. COUNTY OF FULTON

No. 1746, Docket 96-9417.

126 F.3d 400 (1997)

George T. WHALEN and Elizabeth M. Whalen, Individually and as Parents and Legal Guardians of Michael W. Whalen, an Infant, Plaintiffs-Appellants, v. The COUNTY OF FULTON; The Fulton County Department of Social Services; Jeanne D. Johannes, Individually and in Her Official Capacity; John Rogers, Individually and in His Official Capacity; Malinda Argotsinger, Individually and in Her Official Capacity; Karen Glover, Individually and in Her Official Capacity; Judith Vanheusen, Individually and in Her Official Capacity; The County of Montgomery; The Montgomery County Department of Social Services; Robert L. Reidy, Individually and in His Official Capacity; Molly Johnson, Individually and in Her Official Capacity; and Cynthia Hallam, Individually and in Her Official Capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 2, 1997.

Attorney(s) appearing for the Case

Brendan C. O'Shea, Gleason, Dunn, Walsh & O'Shea, Albany, NY, of counsel, for Plaintiffs-Appellants.

Arete K. Sprio, Maynard, O'Connor, Smith, Catalinotto & D'Agostino, LLP, Albany, NY, of counsel, for Defendants-Appellees the County of Montgomery; Montgomery County Department of Social Services, Robert L. Reidy, Molly Johnson, and Cynthia Hallam.

Carrie McLoughlin-Noll, Horigan, Horigan, Pennock and Lombardo, P.C., Amsterdam, NY, of counsel, for Defendants-Appellees the Fulton Defendants.

Before: WALKER, McLAUGHLIN, PARKER, Circuit Judges.

WALKER, Circuit Judge:

Adoptive parents George and Elizabeth Whalen (the "Whalens"), and their adopted child Michael Whalen ("Michael") (collectively "plaintiffs") appeal from an order of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., District Judge) granting the motion of county departments of social services and several individual county officials (collectively "defendants"), for summary judgment and dismissing...

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