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HATTEN-GONZALES v. HYDE

No. 08-2009.

579 F.3d 1159 (2009)

Debra HATTEN-GONZALES, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Pamela S. HYDE, Secretary of the New Mexico Human Services Department, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 31, 2009.

Attorney(s) appearing for the Case

Paul R. Ritzma, General Counsel (Jerry A. Walz, Walz and Associates, Cedar Crest, New Mexico, with him on the briefs), New Mexico Human Services Department, Santa Fe, NM, for Defendant-Appellant.

Daniel Yohalem (Jane B. Yohalem, and Gail J. Evans, N.M. Center on Law and Poverty, Albuquerque, NM, with him on the briefs), Santa Fe, NM, for Plaintiffs-Appellees.

Before LUCERO, HOLLOWAY, and McCONNELL, Circuit Judges.

LUCERO, Circuit Judge.

Entangled in the present litigation for more than twenty years, the New Mexico Human Services Department ("HSD") seeks review of two interlocutory orders of the district court. HSD and a plaintiff class headed by Debra Hatten-Gonzales have been operating under a Modified Settlement Agreement ("MSA") approved by the district court in 1998. Although it restrained the parties from violating the MSA, the district court has not entered a final judgment...

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