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N. C. ASS'N FOR RETARDED CHILDREN v. STATE OF N. C.

Civ. No. 3050.

420 F.Supp. 451 (1976)

NORTH CAROLINA ASSOCIATION FOR RETARDED CHILDREN et al., Plaintiffs, and United States of America, Plaintiff-Intervenor, v. STATE OF NORTH CAROLINA et al., Defendants.

United States District Court, M. D. North Carolina, Raleigh Division.

October 1, 1976.

Attorney(s) appearing for the Case

Irvin B. Tucker, Jr., Raleigh. N. C. (Blanchard, Tucker, Twiggs & Denson, Raleigh, N. C.), for plaintiffs.

Louis M. Thrasher and Thomas R. Sheran, U. S. Dept. of Justice, Washington, D. C., for plaintiff-intervenor.

William F. O'Connell, Sp. Deputy Atty. Gen., and Isaac T. Avery, III, Associate Atty., N. C. Dept. of Justice, Raleigh, N. C., for defendants.

Before CRAVEN, Circuit Judge, LARKINS, Chief District Judge, and DUPREE, District Judge.

CRAVEN, Circuit Judge:

What is now before this three-judge court is a piece of a much more ambitious lawsuit that involves the whole panoply of constitutional rights of mentally retarded persons in North Carolina. Because the legislature of North Carolina has changed or repealed most of the statutes relating to the treatment, training, and education of retarded children, we have concluded that all such questions presented by the pleadings should be severed from the...

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