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DOE v. STATE OF MONT., ETC.

No. CV 78-36-M.

457 F.Supp. 389 (1978)

Barbara DOE, Plaintiff, v. The STATE OF MONTANA, acting By and Through the AGENCY OF the DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES and the Department of Revenue, and the County of Flathead, a political subdivision of Montana, Defendants.

United States District Court, D. Montana, Missoula Division.

September 27, 1978.

Attorney(s) appearing for the Case

James A. Cumming, Columbia Falls, Mont., for plaintiff.

John A. Meredith, Legal Div., Dept. of Revenue, Joan Uda, Dept. of Social & Rehabilitation Services, Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, Mont., for defendants.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

The complaint in this action alleges a deprivation of plaintiff's constitutional rights in connection with the state and county management of the Aid to Dependent Children program.

The motions of the State of Montana, the Department of Social and Rehabilitation Services, and the Department of Revenue, to dismiss are granted without leave to amend. Under the 11th amendment to the United States Constitution...

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