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TIMMY S. v. STUMBO

No. 89-6275.

916 F.2d 312 (1990)

TIMMY S., et al., Plaintiffs-Appellees, v. Grady STUMBO, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 25, 1990.

Attorney(s) appearing for the Case

Marcia R. Lowry, Christopher A. Hansen (argued), American Civil Liberties Union, Children's Rights Project, New York City, for Timmy S.

Laura K. Haller, David A. Friedman, Legal Aid Soc., Louisville, Ky., for Delores S.

William R. Brown, Tony Oppegard, Appalachian Research & Defense Fund of Kentucky, Hazard, Ky., for Sharon Howard, Hubert Howard.

Ryan M. Halloran, Gen. Counsel, William K. Moore, Staff Atty., Stanley A. Stratford, Asst. Gen. Counsel, E.D. Klatte, Staff Atty., Trisha Zeller James, J. Gregory Burton (argued), Cabinet for Human Resources, Office of the Counsel, Frankfort, Ky., for defendants-appellants.

Before KEITH and NORRIS, Circuit Judges, and DUGGAN, District Judge.

KEITH, Circuit Judge.

Defendants, officials and agents of the Kentucky Department for Human Resources (the "Department"), appeal from the district court's September 7, 1989 order enjoining the Department from excluding foster parents, such as plaintiffs Sharon and Hubert Howard (the "Howards"), from its administrative hearing procedures pursuant to Title IV of the Social Security Act, the Adoption Assistance and Child Welfare Act of 1980 (the "Act"), Pub.L. 96-272...

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