Lipscomb v. Simmons

907 F.2d 114 Sheri LIPSCOMB, By and Through her next friend, Carolyn DEFEHR; Autumn Scalf, & William Scalf, By and Through their next friend Gloria Self, on Behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Dan SIMMONS, individually and in his official capacity as Acting Director, Department of Human Resources of the State of Oregon; & Jess Armas, individually and in his official capacity as Acting Assistant Director, Department of Human Resources of the State of Oregon and Acting Administrator, Children's Services Division, Department of Human Resources of the State of Oregon, Defendants-Appellees. No. 87-4079. United States Court of Appeals, Ninth Circuit. July 10, 1990. Prior report: 884 F.2d 1242 . Before GOODWIN, Chief Judge, BROWNING, WALLACE, HUG, TANG, SCHROEDER, FLETCHER, FARRIS, PREGERSON, ALARCON, POOLE, NELSON, CANBY, NORRIS, REINHARDT, BEEZER, HALL, WIGGINS, BRUNETTI, KOZINSKI, NOONAN, THOMPSON, O'SCANNLAIN, LEAVY, TROTT, FERNANDEZ, and RYMER, Circuit Judges. ORDER 1 Upon the vote of a majority of nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule…