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FILLINGER v. CLEVELAND SOCIETY FOR BLIND

No. 76-1866.

591 F.2d 378 (1979)

Irvin FILLINGER et al., Plaintiffs-Appellants, v. The CLEVELAND SOCIETY FOR the BLIND et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

January 18, 1979.

Attorney(s) appearing for the Case

Steven A. Sindell, Sindell, Lowe & Guidubaldi, Cleveland, Ohio, for plaintiffs-appellants.

William H. Wallace, Thompson, Hine & Flory, Cleveland, Ohio, for Cleveland Society and Dolan.

James T. Crowley, William J. Brown, Atty. Gen. of Ohio, Columbus, Ohio, Rodney B. Teague, Columbus, Ohio, for Rehabilitation Services.

Before CELEBREZZE, ENGEL and MERRITT, Circuit Judges.

ORDER DENYING PETITION FOR REHEARING

Defendants seek a rehearing of our earlier order in this case. They list five points. F.R.App.P. 40(a). We deny the petition for rehearing. Since, however, our opinion decided the case on grounds not raised or argued by the parties, we will briefly address defendants' contentions.

First, defendants claim that it was not within our power to order the district court to retain jurisdiction of this case while the plaintiffs...

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