RICHARDSON v. PENNSYLVANIA DEPT. OF HEALTH

No. 76-2263.

561 F.2d 489 (1977)

Lanceda RICHARDSON, Individually and on behalf of all others similarly situated, Appellant, v. The PENNSYLVANIA DEPARTMENT OF HEALTH, Leonard Bachman, M. D., Individually and in his capacity as Secretary of Health of the Commonwealth of Pennsylvania, Morton D. Rosen, Individually and in his capacity as Deputy Secretary for Administration of the Department of Health, Milton J. Shapp, Individually and in his capacity as Governor of the Commonwealth of Pennsylvania, Ernest P. Kline, Individually and in his capacity as the Lieutenant Governor of the Commonwealth of Pennsylvania, James Wade, Individually and in his capacity as Secretary of the Governor's Office of Administration, Samuel Begler, Individually and in his capacity as Director of the Bureau of Personnel, John McCarthy and C. Herschel Jones, Individually and in their capacity as Commissioners for the Pennsylvania State Civil Service Commission, and Richard C. Rosenberry, Individually and in his capacity as Executive Director of the Pennsylvania State Civil Service Commission.

United States Court of Appeals, Third Circuit.

Decided August 16, 1977.


Attorney(s) appearing for the Case

David Kraut, Mark B. Segal, Community Legal Services, Inc., Philadelphia, Pa., for appellant.

David Max Baer, Norman J. Watkins, J. Justin Blewitt, Jr., Deputy Attys. Gen., Chief, Civ. Litigation, Robert P. Kane, Atty. Gen., Pa. Dept. of Justice, Harrisburg, Pa., for appellees.

Before GIBBONS, MARIS and HUNTER, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

This is an appeal from an order of the district court granting defendants' motion to dismiss the complaint of Lanceda Richardson against certain officials of the Pennsylvania Health Department for failure to state a claim upon which relief could be granted. See Fed.R.Civ.P. 12(b)(6). We reverse.

Richardson, a black woman, filed a complaint on her own behalf and on behalf of a class of similarly...

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