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BAGBY v. BEAL

Nos. 78-2195, 78-2408, 78-2605 and 78-2606.

606 F.2d 411 (1979)

Elizabeth V. BAGBY v. Frank S. BEAL, Individually and in his official capacity as Secy. of the Pa. Dept. of Public Welfare, et al., Donald E. Downs and Thomas F. Brubaker, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 5, 1979.

Attorney(s) appearing for the Case

Robert B. Hoffman, Deputy Atty. Gen. (argued), David Max Baer, Deputy Atty. Gen., Norman J. Watkins, Deputy Attys. Gen., Chief, Civil Litigation, Edward G. Biester, Jr., Acting Atty. Gen., Dept. of Justice, Commonwealth of Pennsylvania, Harrisburg, Pa., for appellants.

Donald Marritz, Legal Services, Inc., Gettysburg, Pa. (argued), Joan Bertin Lowy, National Employment Law Project, New York City, for appellee.

Before SEITZ, Chief Judge, and VAN DUSEN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

I.

This is an appeal by the Secretary of the Pennsylvania Department of Public Welfare and the administrator and personnel officer of South Mountain Restoration Center (South Mountain) from a final order of the district court. The order declared that the appellants had violated appellee's constitutional rights under the fourteenth amendment and awarded appellee attorney's fees.

The dispute centers...

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