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DURETT v. COHEN

Nos. 85-1572, 85-1603 and 85-1613.

790 F.2d 360 (1986)

Paul DURETT, Appellant/Cross-Appellee, v. Walter S. COHEN, individually and in his official capacity as Secretary of the Department of Public Welfare, Commonwealth of Pennsylvania; Jennifer L. Howse, individually and in her official capacity as Deputy Secretary for Mental Retardation of the Pennsylvania Department of Public Welfare, Commonwealth of Pennsylvania; Patricia C. Sweigert, individually and in her official capacity as the Administrator of the Bucks County Department of Mental Health-Mental Retardation, Commonwealth of Pennsylvania; Elaine P. Zettick, Carl F. Fonash, and Andrew L. Warren, individually and in their official capacities as the Bucks County Commissioners, Commonwealth of Pennsylvania, Appellees/Cross-Appellants.

United States Court of Appeals, Third Circuit.

Decided May 13, 1986.

Attorney(s) appearing for the Case

Stephen F. Gold, Philadelphia, Pa., for appellant/cross-appellee.

Leroy S. Zimmerman, Atty. Gen., John G. Knorr, III, Senior Deputy Atty. Gen., Andrew S. Gordon, Senior Deputy Atty. Gen., Allen C. Warshaw, Executive Deputy Atty. Gen., Chief, Litigation Section, Harrisburg, Pa., for Com. appellees/cross-appellants.

Robert O. Baldi, Baldi & Cepparulo, P.C., New Hope, Pa., for Patricia C. Sweigert, Elaine P. Zettick, Carl F. Fonash, and Andrew L. Warren appellees/cross-appellants.

Before SLOVITER and STAPLETON, Circuit Judges, and LONGOBARDI, District Judge.

Submitted Under Third Circuit Rule 12(6) April 28, 1986.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

In this case, all parties to an action brought under the federal civil rights laws, 42 U.S.C. § 1983, and the Rehabilitation Act, 29 U.S.C. § 795, appeal aspects of the district court's decision to award attorneys' fees.

Paul Durett is a profoundly retarded man with cerebral palsy characterized by several physical...

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