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KLEIN v. CALIFANO

No. 77-1896.

586 F.2d 250 (1978)

Ann KLEIN, Commissioner, New Jersey Department of Institutions and Agencies, Margaret Heeschen, Thomas Grant and Maurice Mizell, Individually and on behalf of all others similarly situated, Shore Manor, Ltd., Intervenor, v. Joseph A. CALIFANO, Jr., Secretary, Department of Health, Education and Welfare, and William Toby, Acting Commissioner, Region II, Social and Rehabilitative Service, Dept. of Health, Education and Welfare, Appellants.

United States Court of Appeals, Third Circuit.

Resubmitted July 10, 1978.

Decided September 29, 1978.

Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., William Kanter, Robert E. Kopp, and Peter Bouxsein, Attys., Civ. Div. App. Section, Dept. of Justice, Washington, D. C., Jonathan L. Goldstein, U. S. Atty., Newark, N. J., for appellants.

Stanley C. Van Ness, Public Advocate of the State of New Jersey, Arthur Penn, Director, Div. of Public Interest Advocacy, Robert D. Westreich, Asst. Deputy Public Advocate, Trenton, N. J., for appellee-class plaintiffs.

Patrick T. McGahn, Jr., McGahn & Friss, Atlantic City, N. J., for intervenor.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

Resubmitted En Banc July 10, 1978.

Argued Feb. 21, 1978.

Before ALDISERT, VAN DUSEN and WEIS, Circuit Judges.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

Resubmitted En Banc July 10, 1978.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This case arises from a threatened termination by the Department of Health, Education & Welfare...

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