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ROMEO v. YOUNGBERG

No. 78-1982.

644 F.2d 147 (1980)

ROMEO, Nicholas, an incompetent, by his mother and next friend, Paula Romeo, Appellant, v. Duane YOUNGBERG, individually and in his official capacity as Superintendent, Pennhurst State School and Hospital, and Richard Matthews, individually and in his official capacity as Director of Resident Life, Pennhurst State School and Hospital, and Marguerite Conley, individually and in her official capacity as Unit Director, Unit 9, Pennhurst State School and Hospital.

United States Court of Appeals, Third Circuit.

Reargued April 28, 1980.

Decided November 24, 1980.

As Amended December 12, 1980.

Certiorari Granted May 18, 1981.

Attorney(s) appearing for the Case

Edmond A. Tiryak (argued), Elliot B. Platt, Community Legal Services, Philadelphia, Pa., for appellant.

Gerald Gornish, Acting Atty. Gen., David H. Allshouse, Norman J. Watkins, Deputy Attys. Gen., Chief, Civ. Litigation, Dept. of Justice, Harrisburg, Pa., Jonathan Wheeler, Frank, Margolis, Edelstein & Scherlis, Joseph W. McGuire (argued), McWilliams, Baulis & Silverman, Philadelphia, Pa., for appellees.

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

Reargued En Banc April 28, 1980.

Certiorari Granted May 18, 1981. See 101 S.Ct. 2313.

Argued Jan. 9, 1979.

Before SEITZ, Chief Judge, and GIBBONS and HIGGINBOTHAM, Circuit Judges.

Reargued April 28, 1980.

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

OPINION OF THE COURT

ADAMS, Circuit Judge.

The present controversy inhabits the twilight...

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