JOSEPH A. EX REL. CORRINE WOLFE v. INGRAM

No. 00-2136.

275 F.3d 1253 (2002)

JOSEPH A., by next friend CORRINE WOLFE; Josephine A., by next friend Corrine Wolfe; Michael B., by next friend Lucy Gale McMurray; Michelle C., by next friend La Donna Harris and Lucy Gale McMurray; Joel D., by next friend Lucy Gale McMurray; Susan E., by next friend Barbara Burns; Donald E., by next friend Barbara Burns, Plaintiffs-Appellants, v. Lawrence B. INGRAM, Margaret Larrogoite, Darold Christiansen, and Janet Bryan, in their individual capacities, Nora Buchanon, in her official capacity as County Office Manager of the Bernalillo County office of the Children Youth & Families Department, Deborah Hartz, in her official capacity as Director of the Protective Services Division of the Children, Youth & Families Department, Heather Wilson, in her official capacity as secretary of the Children, Youth & Families Department, Linda S. GARCIA, in her official capacity as the County Office Manager of the Santa Fe County office of the Children, Youth & Families Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 7, 2002.


Attorney(s) appearing for the Case

Marcia Robinson Lowry, Susan Lambiase, and Rose E. Firestein of Children's Rights, Inc., New York, NY; and Robert Levy of Greer, Wissel & Levy P.A., Albuquerque, NM, for Plaintiffs-Appellants.

Timothy V. Flynn-O'Brien of Bryan & Flynn O'Brien, Albuquerque, NM, and Patricia A. Madrid, Attorney General and John H. Clough, Assistant Attorney General, New Mexico Attorney General's Office, Albuquerque, NM, for Defendants-Appellees.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BRIMMER, District Judge.


ORDER

EBEL, Circuit Judge.

Plaintiffs-Appellants' Petition for Rehearing and Suggestion for Rehearing En Banc is granted in part and denied in part. The Panel Opinion filed August 22, 2001 is withdrawn and the judgment is vacated. The attached Panel Opinion is issued in its place. The request for rehearing en banc is denied. The Appellees' Motion for Leave to File a Surreply to Appellants' Reply is granted.

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