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ALFEREZ v. CHRONISTER

No. 98-1385-WEB.

41 F.Supp.2d 1238 (1999)

Andrew ALFEREZ, By and Through his next-of-friend and mother, Maria CALDERON, and all others similarly situated, Plaintiff, v. Rochelle CHRONISTER, in her official capacity as Secretary of Social and Rehabilitation Services of Kansas; State of Kansas; and Kansas Department of Social and Rehabilitation Services, Defendants.

United States District Court, D. Kansas.

February 3, 1999.

Attorney(s) appearing for the Case

LaDessa M. de la Cruz, DeLaCruz & Doran, Andrew Alferez, Wichita, KS, Amalia S. Rioja, Mexican American Legal Defense and Educational Fund, Chicago, IL, for Plaintiff.

Bruce A. Roby, Waggener, Arterburn & Standiferd, Topeka, KS, Carl W. Ossmann, Alan D. Hughes, Social & Rehabilitation Services, Topeka, KS, for Defendants.

Memorandum and Order

WESLEY E. BROWN, Senior District Judge.

This matter is before the court on the defendants' motion to dismiss the first amended complaint. An answer and a reply have been filed. The court finds that additional oral argument would not assist in deciding the issues presented.

I. Facts.

This action arises out of a "child in need of care" proceeding initiated by the Kansas Department of Social and Rehabilitation...

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