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HALDERMAN, BY HALDERMAN v. PENNHURST ST. SCH. & HOSP.

Nos. 82-1147, 82-1197.

707 F.2d 702 (1983)

Terri Lee HALDERMAN, a retarded citizen, by her mother and guardian, Winifred HALDERMAN, et al., Pennsylvania Association for Retarded Citizens, et al., Plaintiffs-Intervenors, United States of America, Plaintiff-Intervenor, v. PENNHURST STATE SCHOOL & HOSPITAL, et al. Appeal of W.M. and B.M. the Parents of P.M., a minor, in No. 82-1147. Terri Lee HALDERMAN, a retarded citizen, by her mother and guardian, Winifred HALDERMAN, et al., Pennsylvania Association for Retarded Citizens, et al., Plaintiffs-Intervenors, United States of America, Plaintiff-Intervenor, v. PENNHURST STATE SCHOOL & HOSPITAL, et al. Appeal of The Commissioners and Mental Health/Mental Retardation Administrator of CHESTER COUNTY, PENNSYLVANIA, in No. 82-1197.

United States Court of Appeals, Third Circuit.

Decided May 10, 1983.

Rehearing and Rehearing Denied May 24, 1983.

Attorney(s) appearing for the Case

Steven M. Coren (argued), Kittredge, Kaufman & Donley, Philadelphia, Pa., for appellants W.M. and B.M., the parents of P.M., a minor.

Thomas M. Kittredge (argued), Morgan, Lewis & Bockius, Philadelphia, Pa., for appellant Chester County.

David Ferleger (argued), Alexander Ewing, Jr., Asst. U.S. Atty., Penelope A. Boyd, Philadelphia, Pa., for appellees.

Thomas K. Gilhool (argued), Frank J. Laski, Michael Churchill, Public Interest Law Center of Philadelphia, Philadelphia, Pa., for appellees, Pa. Ass'n for Retarded Citizens, et al.

LeRoy S. Zimmerman, Atty. Gen., Debra K. Wallet, Allen C. Warshaw, Deputy Atty. Gen., Harrisburg, Pa., for amicus curiae the Com. of Pa.

Before ALDISERT, SLOVITER, and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 24, 1983.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

ALDISERT, Circuit Judge.

This appeal follows a district court order directing the transfer of P.M., a voluntarily committed, profoundly retarded minor child, from the Pennhurst State School and Hospital, a facility for the mentally retarded, to a community living arrangement (CLA) in Chester County. The district court issued its order after adopting...

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