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LAKE v. ARNOLD

No. 96-3412.

112 F.3d 682 (1997)

Elizabeth J. Arnold LAKE, Justin Wilson Lake, husband and wife, Appellants, v. Frederick S. ARNOLD, Audrey L. Arnold, husband and wife, Daniel M. Friday, M.D., Tyrone Hospital, Ralph W. Crawford, M.D.

United States Court of Appeals, Third Circuit.

Decided May 2, 1997.

As Amended May 15, 1997.

Attorney(s) appearing for the Case

Kristin M. Banasick (argued), Bedford, PA, for appellants.

Stephen D. Wicks, Altoona, PA, for appellees Frederick S. Arnold And Audrey L. Arnold.

David R. Bahl (argued) McCormick, Reeder, Nichols, Bahl, Knecht & Person, Williamsport, PA, for appellees Daniel M. Friday, M.D. and Ralph W. Crawford, M.D.

John V. DeMarco (argued) Sherry, McCrory & Doyle, Pittsburgh, PA, for appellee Tyrone Hospital.

Before: MANSMANN and LEWIS, Circuit Judges and DUPLANTIER, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal from the dismissal of civil rights claims pursuant to Fed.R.Civ.P. 12(b)(6) presents a question of first impression for us: whether a plaintiff's status as a mentally retarded female1 places her within a cognizable class entitled to protection under 42 U.S.C. § 1985(3). We must also determine whether the plaintiffs' allegations of state action for purposes of 42 U...

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