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SCHNEIDER v. WHALEY

No. 1372, Docket 76-7306.

548 F.2d 394 (1976)

Pamela SCHNEIDER et al., Plaintiffs-Appellees-Cross-Appellants, v. Betti S. WHALEY, Individually and as Commissioner of the Agency for Child Development of the City of New York, et al., Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 20, 1976.

On Rehearing December 22, 1976.

Attorney(s) appearing for the Case

Lewis R. Friedman, New York City (Pollack & Kaminsky, Richard M. Asche and Martin I. Kaminsky, New York City, of counsel, Litman, Friedman & Kaufman, Jack T. Litman, New York City, of counsel), for plaintiffs-appellees-cross-appellants.

Rosemary Carroll, New York City (W. Bernard Richland, Corp. Counsel, Leonard Koerner and Joseph F. Bruno, New York City, of counsel), for municipal-defendants-appellants.

Mark C. Rutzick, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Irving Galt, New York City, of counsel), for defendant-appellant Philip Toia.

Before MESKILL and WATERMAN, Circuit Judges, and BARTELS, District Judge.

ON PETITION FOR REHEARING

PER CURIAM:

By an opinion dated August 20, 1976, this Court modified a judgment entered in the United States District Court for the Southern District of New York and remanded the cause with instructions to mandate an accelerated hearing by the State agency in accordance with the pertinent Federal and State regulations. On a petition by defendants-appellants-cross-appellees for a rehearing of our order, we grant the motion for rehearing...

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