EASLEY BY EASLEY v. SNIDER

No. 94-1199.

36 F.3d 297 (1994)

Tracy EASLEY, by her next friend, Lucille EASLEY; Florence H., Appellees, v. Karen SNIDER, Secretary of the Department of Public Welfare; Kay Arnold, Deputy Secretary for Social Programs; Homemaker Services of the Metropolitan Area, Karen Snider and Kay Arnold, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 22, 1994.

Sur Petition for Rehearing October 18, 1994.


Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Susan J. Forney, Senior Deputy Atty. Gen. (argued), Kate L. Mershimer, Senior Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Office of Atty. Gen., Harrisburg, PA, for appellants.

Ilene Shane, Robin Resnick, Disabilities Law Project, Philadelphia, PA, Stephen F. Gold (argued), Philadelphia, PA, for appellees.

Before: SCIRICA, LEWIS, and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal, involving important legal and societal questions, arises out of an attack on the legality of the Pennsylvania Attendant Care Services Act (Care Act), 62 P.S. § 3051 et seq. (Supp.1994). Pennsylvania enacted this legislation in 1986 as a program designed to enable physically disabled persons to live in their homes rather than institutions and, when possible, to become active and useful members...

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