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DANIEL B. v. O'BANNON

Civ. A. No. 79-4088.

588 F.Supp. 1095 (1984)

DANIEL B., and Jerry G. on behalf of themselves and all others similarly situated v. Helen O'BANNON, in her official capacity as Secretary, Department of Public Welfare, Commonwealth of Pennsylvania, and Leon Soffer, in his official capacity as County Administrator, Philadelphia County Mental Retardation Program, and City of Philadelphia.

United States District Court, E.D. Pennsylvania.

June 11, 1984.

Attorney(s) appearing for the Case

Andrew F. Erba, Community Legal Services, Inc., and Edmond A. Tiryak, Philadelphia, Pa., for plaintiffs.

Gabriel L. Bevilacqua, Philadelphia, Pa., for City of Philadelphia.

Alan J. Davis, City Sol., Joseph M. Davidson, Marc H. Myers, Shelly Yanoff, Asst. City Solicitors, Richard J. Gold, Pauline C. Cohen, Chief, Asst. City Solicitors, Philadelphia, Pa., for Leon Soffer, Ph.D and The City of Philadelphia.

Michael Harvey, Deputy Atty. Gen., Dept. of Justice, Civ. Litigation Div., Harrisburg, Pa., for Helen O'Bannon.

MEMORANDUM AND ORDER

SHAPIRO, District Judge.

Plaintiffs filed this action on behalf of a putative class of mentally retarded individuals institutionalized at Woodhaven Center ("Woodhaven"), an intermediate care facility for the mentally retarded operated by Temple University under contract with the Commonwealth of Pennsylvania. Plaintiffs sought declaratory and injunctive relief for all Woodhaven residents "who are unnecessarily institutionalized at that...

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