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McLAUGHLIN v. PERNSLEY

Nos. 88-1718, 88-1737 and 88-1756.

876 F.2d 308 (1989)

John J. McLAUGHLIN, Marilyn McLaughlin v. Irene PERNSLEY, Commissioner, City of Philadelphia, Department of Human Services and the Reverend Willie Williams and Elaine Williams, Intervening Defendants, v. CATHOLIC SOCIAL SERVICES, Sister Marion Dillon, Jack Smith, Robert Letulle, Christine Beahan. Appeal of Rev. Willie WILLIAMS and Elaine Williams, Intervening Defendants, Appellants in Nos. 88-1718 and 88-1756. Appeal of CATHOLIC SOCIAL SERVICES, Sister Marion Dillon, Jack Smith, Robert Letulle, Christine Beahan, Appellants in No. 88-1737.

United States Court of Appeals, Third Circuit.

Decided May 30, 1989.

Attorney(s) appearing for the Case

Robert T. Vance, Jr. (argued), Brown, Vance, Jackson & Smith, Philadelphia, for Rev. Willie Williams and Elaine Williams, appellants in Nos. 88-1718 and 88-1756.

John P. O'Dea (argued), Stradley, Ronon, Stevens & Young, Philadelphia, for Catholic Social Services, Sister Marion Dillon, Jack Smith, Robert Letulle and Christine Beahan, appellants in No. 88-1737 and appellees in Nos. 88-1718 and 88-1756.

Michael Churchill (argued), Public Interest Law Center of Philadelphia, Philadelphia, Pa., for John J. McLaughlin and Marilyn McLaughlin, appellees.

Guy Vilim (argued), City of Philadelphia, Law Dept., Philadelphia, Pa., for Irene Pernsley, the City of Philadelphia and the Dept. of Human Services.

Before SEITZ, HIGGINBOTHAM and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is the sad case of five-year-old Raymond Bullard. Uprooted twice in his young life, Raymond has become the unfortunate victim of litigation before several courts.

This controversy began with Raymond's removal from a foster home allegedly on the basis of race and without notice. In their complaint, the plaintiffs in this case — the foster parents from whose care Raymond was removed — claim...

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