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CONOVER v. MONTEMURO

No. 71-1871.

477 F.2d 1073 (1973)

Donald CONOVER, on his own behalf and on behalf of all others similarly situated, and Gerald Myers, a minor by his parent and natural guardian, Margaret Myers, Appellants, v. Honorable Frank M. MONTEMURO, Jr., Administrative Judge, Family Court Division, Philadelphia Court of Common Pleas, and Leonard Rosengarten, Director, Juvenile Probation, Family Court Division, Philadelphia Court of Common Pleas.

United States Court of Appeals, Third Circuit.

Decided December 20, 1972.

As Amended January 16, 1973.

Resubmitted March 29, 1973.

On Rehearing May 8, 1973.

Attorney(s) appearing for the Case

Edwin D. Wolf, Lawyers' Committee for Civil Rights Under Law, J. Grant McCabe III, Philadelphia, Pa., for appellants.

John B. Martin, Duane, Morris & Heckscher, Joseph Matusow, Philadelphia, Pa., for appellees.

Before McLAUGHLIN, ADAMS and GIBBONS, Circuit Judges.

Resubmitted en banc March 29, 1973.

On Rehearing En Banc May 8, 1973.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from an order of the district court dismissing a class action which challenged on due process and equal protection grounds the intake procedures of the Family Court Division of the Philadelphia Court of Common Pleas. The action has had an unfortunately complex procedural history, a recitation of which is necessary...

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