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DAVIS v. THORNBURGH

No. 89-1559.

903 F.2d 212 (1990)

DAVIS, Sara Lynn, on behalf of herself and all persons similarly situated, Morris, Theresa Yochum, on behalf of themselves and all persons similarly situated v. THORNBURGH, Richard, Governor for the Commonwealth of Pennsylvania in his official capacity and Zimmerman, Leroy, Attorney General for the Commonwealth of Pennsylvania in his official capacity and Cohen, Walter, Secretary of the Department of Welfare in his official capacity and McClinton, Mr. & Mrs. Kevin and Ullman, Roger, individually and as representative of a class of all intermediaries under the Pennsylvania Adoption Act and The Honorable Francis J. Catania in his official capacity and as a representative of a class of all trial judges in Pennsylvania. Appeal of Sara Lynn DAVIS.

United States Court of Appeals, Third Circuit.

Opinion on Denial of Rehearing and Rehearing June 22, 1990.

Attorney(s) appearing for the Case

Ann S. Torregrossa (argued), Delaware Co. Legal Assistance Assn., Chester, Pa., for appellant.

Ernest D. Preate, Jr., Atty. Gen., Janice L. Anderson (argued), and Kate L. Mershimer, Deputy Attys. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Office of Attorney General, Harrisburg, Pa., for appellee Cohen.

Elizabeth R. Aaron (argued), Jon J. Auritt, Law Offices of Jon J. Auritt, Media, Pa., for appellees Kevin McClinton and Carole McClinton.

G. Guy Smith, Harris and Smith, Media, Pa., for appellee Roger Ullman.

Howard W. Abramson, Nancy E. Gilberg, Philadelphia, Pa., for appellee Hon. Francis J. Catania.

Before BECKER, GREENBERG, and NYGAARD, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing In Banc June 22, 1990.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This matter is before the court on appeal by Sara Lynn Davis from an order of June 8, 1989, entered June 9, 1989, finally dismissing this action and denying her motion to reconsider an oral determination of February 8, 1988, denying class action certification and dismissing this case and denying her motion to reconsider an order of February...

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