Doe v. Klein

599 F.2d 338 Jane DOE, a minor, by and through her next friend Marjorie Lambert, Individually and on behalf of all other persons similarly situated, Plaintiff- Appellant, v. Milton G. KLEIN, Individually and as Director of the Idaho Department of Health and Welfare, State of Idaho, Department of Health and Welfare, Defendants- Appellees. No. 77-1885. United States Court of Appeals, Ninth Circuit. June 27, 1979. Raymond C. Givens, Idaho Legal Aid Services Inc., Coeur d'Alene, Idaho, for plaintiff-appellant. James R. Hargis, Deputy Atty. Gen., Health & Welfare Div., Boise, Idaho, for defendants-appellees. Appeal from the United States District Court for the District of Idaho. Before VAN DUSEN, * WRIGHT and GOODWIN, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 We withheld submission of this cause pending disposition by the Supreme Court in two consolidated cases that have recently been decided. Chapman v. Houston Welfare Rights Organization, --- U.S. ----, 99 S.Ct. 1905 , 60 L.Ed.2d 508 (1979). We now order the cause submitted and reverse and remand to the district court with instructions to dismiss for want of subject matter jurisdiction. 2 Idaho has elected to participate…