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FREDERICK L. v. DEPT. OF PUBLIC WELFARE OF PA.

No. 04-3859.

422 F.3d 151 (2005)

FREDERICK L.; Nina S.; Kevin C.; Steven F., on Behalf of Themselves and all Persons Similarly Situated, Appellants v. DEPARTMENT OF PUBLIC WELFARE OF the Commonwealth of PENNSYLVANIA; *Estelle B. Richman, in her official capacity as Secretary of Public Welfare for the Commonwealth of Pennsylvania. *Substituted Pursuant to Rule FRAP 43(c).

United States Court of Appeals, Third Circuit.

Filed September 8, 2005.

Attorney(s) appearing for the Case

Mark J. Murphy (Argued), Robert W. Meek, Disabilities Law Project, Philadelphia, PA, for Appellants.

Claudia M. Tesoro (Argued), Office of Attorney General of Pennsylvania, Philadelphia, PA, for Appellees.

Before SLOVITER, MCKEE, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This class action appeal is unique in that both parties have the same objective: the timely discharge of long-term mental health patients1 from the Norristown State Hospital ("NSH"), a mental heath facility located in southeast Pennsylvania. The parties diverge, however, over the time frame for discharge, the number of patients to be discharged...

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