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BENTON FOR BENTON v. BOWEN

No. 86-1460.

820 F.2d 85 (1987)

Earle E. BENTON for Laurie Ann BENTON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 2, 1987.

Attorney(s) appearing for the Case

Stephen F. Gold (argued), Ilene W. Shane, Philadelphia, Pa., for appellant.

Diane C. Moskal (argued), Assistant Regional Counsel, Beverly Dennis, III, Chief Counsel, Region III, Dept. of Health & Human Services, Philadelphia, Pa., Edward S.G. Dennis, Jr., U.S. Atty., James G. Sheehan, Asst. U.S. Atty., Chief, Civil Division, Joan K. Garner, Asst. U.S. Atty., Philadelphia, Pa., for appellee.

David Andrew Schwartz, Reitnour, Mumma & Schwartz, Spring City, Pa., amicus curiae, Camphill Village U.S.A. on side of appellant.

Thomas K. Gilhool, Frank J. Laski, Judith A. Gran, The Public Interest Law Center of Philadelphia, Philadelphia, Pa., amici curiae, Speaking for Ourselves and Assn. of Retarded Citizens/Pa. on side of appellant.

Before HIGGINBOTHAM, STAPLETON, Circuit Judges, and RODRIGUEZ, District Judge.

OPINION OF THE COURT

RODRIGUEZ, District Judge:

This is an appeal from an order of the United States District Court for the Eastern District of Pennsylvania which affirmed a final decision of the Secretary of Health and Human Services ("the Secretary") that appellant, who is mentally retarded, was unable to form an intent to reside in New York and was therefore not voluntarily living there. Consequently, appellant was not eligible to receive New York's State...

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