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DOE v. COLAUTTI

No. 78-1828.

592 F.2d 704 (1979)

John DOE, by his next friend and father, Richard Doe, Individually and on behalf of all others similarly situated v. Aldo COLAUTTI, Individually and in his official capacity as Secretary of Public Welfare, Pennsylvania Department of Public Welfare and Glenn Johnson, Individually and in his official capacity as Director of Medical Assistance, Pennsylvania Department of Public Welfare. Appeal of John DOE, by his next friend and father Richard Doe.

United States Court of Appeals, Third Circuit.

Decided February 8, 1979.

As Amended February 23, 1979.

Attorney(s) appearing for the Case

R. Michael Owens, Elliot B. Platt, Edmond A. Tiryak, Community Legal Services, Inc., Philadelphia, Pa., for appellant.

Margret Anderson, Asst. Atty. Gen., Dept. of Justice, Betty F. Perry, Asst. Atty. Gen., Dept. of Public Welfare, Philadelphia, Pa., for appellee.

Before GIBBONS, VAN DUSEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case presents a challenge to limits set by Pennsylvania's medical assistance statute, Pa.Stat.Ann. tit. 62 § 443.1 (Purdon Supp. 1978), for state benefits for hospitalization in private mental institutions.1 Using the pseudonym "John Doe," the plaintiff sought declaratory relief and an injunction in the United States District Court for the Eastern District of Pennsylvania...

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