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LEHMAN v. LYCOMING COUNTY CHILDREN'S SERVICES AGENCY

No. 79-2466.

648 F.2d 135 (1981)

LEHMAN, Marjorie, on behalf of her children, William Lehman, Mark Lehman, Frank Lehman v. LYCOMING COUNTY CHILDREN'S SERVICES AGENCY, Marjorie Lehman and her children on whose behalf this action was filed, Appellants.

United States Court of Appeals, Third Circuit.

Reargued November 17, 1980.

Decided March 31, 1981.

As Amended April 6, 7 and 13, 1981.

Attorney(s) appearing for the Case

Martin Guggenheim (Argued), New York City, Warren R. Baldys, Jr., Baldys & Baldys, Williamsport, Pa., Thomas Harvey, American Civil Liberties Union of Pennsylvania, Philadelphia, Pa., for appellants.

Charles F. Greevy, III, Argued, Greevy, Greevy & Greevy, Williamsport, Pa., for appellee.

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

Argued March 27, 1980 before ROSENN, GARTH and SLOVITER, Circuit Judges.

Reargued In Banc November 17, 1980.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

GARTH, Circuit Judge.

This case requires us to determine whether a petition for a writ of habeas corpus is available for a federal constitutional challenge to Pennsylvania's statutory scheme for involuntarily terminating a parent's rights in her children. We hold that habeas corpus is not...

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