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OLIVIA Y. EX REL. JOHNSON v. BARBOUR

No. CIV.A.3:04 CV 251LN.

351 F.Supp.2d 543 (2004)

OLIVIA Y., By and Through Her Next Friend, James D. JOHNSON; Jamison, J., by and Through His Next Friend, Clara Lewis; Desiree, Renee, Tyson and Monique P., by and Through Their Next Friend, Sylvia Forster; John A., by and through His Next Friend, James D. Johnson; Cody B., by and through His Next Friend, Sharon Scott, Mary, Tom, Matthew and Dana W., by and Through Their Next Friend, Zeletra W.; and Sam H., by and Through His Next Friend, Yvette Bullock, on Their Own Behalf and on Behalf of Others Similarly Situated Plaintiffs v. Haley BARBOUR, as Governor of the State of Mississippi; Donald Taylor, as Executive Director of the Department of Human Services; and Billy Mangold, as Director of the Division of Family and Children's Services Defendants

United States District Court, S.D. Mississippi, Southern Division. Jackson Division.

November 18, 2004.

Attorney(s) appearing for the Case

Christian D. Carbone (PHV), Loeb & Loeb, LLP, New York, NY, W. Wayne Drinkwater, Jr., Bradley, Arant, Rose & White, LLP, Jackson, Corene Kendrick (PHV), Children's Rights, Inc., Susan Lambiase(PHV), Children's Rights, Inc., John F. Lang (PHV), Loeb & Loeb, LLP, New York, NY, Stephen H. Leech, Jr., Jackson, Marcia Robinson Lowry(PHV), Children's Rights, Inc, Eric C. Manne(PHV), Loeb & Loeb, LLP, New York, NY, Melody I. McAnally, Bradley, Arant, Rose & White, LLP, Jackson, Shirim Nothenberg(PHV), Children's Rights, Inc., Eric E. Thompson(PHV), Children's Rights, Inc., New York, NY, for Plaintiffs or Petitioners.

Amy Kebert Elder, McGlinchey Stafford, Betty A. Mallett, McGlinchey Stafford, Harold Edward Pizzetta, III, Office of the Attorney General, Samuel E. Scott, McGlinchey Stafford, Jackson, for Defendants or Respondents.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, Chief Judge.

This cause is before the court on the motion of defendants Haley Barbour, Governor of the State of Mississippi, Donald Taylor, Executive Director of the Department of Human Services, and Billy Mangold, Director of the Division of Family and Children's Services, to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs have responded to the motion and the court, having...

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