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HALDERMAN v. PENNHURST STATE SCHOOL & HOSPITAL

Nos. 78-1490, 78-1564 and 78-1602.

673 F.2d 647 (1982)

Terri Lee HALDERMAN, a retarded citizen, by her mother and guardian, Winifred Halderman; et al., Plaintiff-Intervenors, v. PENNHURST STATE SCHOOL & HOSPITAL, et al., Pennhurst Parent-Staff Association, Intervenor. Appeal of COMMONWEALTH OF PENNSYLVANIA, Defendants, Pennhurst State School & Hospital, et al., in No. 78-1490. Appeal of George METZGER, et al. in No 78-1564. Appeal of Mayor Frank L. RIZZO, the City Council of Philadelphia, and Leon Soffer in No. 78-1602.

United States Court of Appeals, Third Circuit.

Decided February 26, 1982.

Certiorari Granted June 21, 1982.

Attorney(s) appearing for the Case

LeRoy S. Zimmerman, Atty. Gen., Allen C. Warshaw, Deputy Atty. Gen., Chief, Special Litigation, Robert B. Hoffman, Deputy Atty. Gen. (argued), Harrisburg, Pa., for Commonwealth appellants.

Thomas M. Kittredge (argued), Jami Wintz McKeon, Morgan, Lewis & Bockius, Alan J. Davis, Mark A. Aronchick, Pauline Cohen, Philadelphia, Pa., for City and County appellants.

Joel I. Klein (argued), H. Bartow Farr, III, Peter Scheer, Onek, Klein & Farr, Washington, D. C., for Pennhurst Parent-Staff Association, intervenor.

David Ferleger (argued), Penelope A. Boyd, Philadelphia, Pa., for appellees Terri Lee Halderman, et al.

Thomas K. Gilhool (argued), Frank J. Laski, Public Interest Law Center of Pennsylvania, Philadelphia, Pa., for appellees, Pennsylvania Ass'n for Retarded Citizens, et al.

Peter F. Vaira, Jr., U. S. Atty., Philadelphia, Pa., Wm. Bradford Reynolds, Brian K. Landsberg (argued), Dept. of Justice, Washington, D. C., for the United States of America.

Before SEITZ, Chief Judge, and ALDISERT, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Hearing En Banc on Remand from the Supreme Court of the United States.

Certiorari Granted June 21, 1982. See 102 S.Ct. 2956.

OPINION OF THE COURT

GIBBONS, Circuit Judge, with whom ALDISERT, WEIS, A. LEON HIGGINBOTHAM, Jr. and SLOVITER, Circuit Judges, join:

This appeal is before us on a remand from the Supreme Court, which on April 20, 1981, reversed our judgment upholding in part and modifying the permanent injunction ordered by the district...

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