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ROMEO v. YOUNGBERG

No. 78-1982.

687 F.2d 33 (1982)

Nicholas ROMEO, 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.

Submitted September 7, 1982.

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 Atty. Gen., Chief, Civil Litigation Dept. of Justice, Harrisburg, Pa., Jonathan Wheeler, Frank, Margolis, Edelstein & Scherlis, Philadelphia, Pa., Joseph W. McGuire (argued), McWilliams, Baulis & Silverman, Philadelphia, Pa., for appellees.

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

Submitted Under Third Circuit Rule 12(6) September 7, 1982.

OPINION OF THE COURT

PER CURIAM.

Nicholas Romeo appealed, through his next friend, from a jury verdict for the defendants, officials of the Pennhurst State School and Hospital, in a suit brought pursuant to 42 U.S.C. § 1983 (1976). He alleged trial error in the admission and exclusion of the evidence, in the court's instructions to the...

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