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BENJAMIN v. DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA

No. 10-1908.

FRANKLIN BENJAMIN, by and through his next friend, Andree Yock; RICHARD GROGG; FRANK EDGETT, by and through their next friend, Joyce McCarthy; SYLVIA BALDWIN, by and through her next friend Shirl Meyers; ANTHONY BEARD, by and through his next friend, Nicole Turman, on behalf of themselves and all others similarly situated, v. DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA; SECRETARY OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA CRAIG SPRINGSTEAD, by and through his father and guardian, Bertin Springstead; MARIA MEO, by and through her mother and guardian, Grace Meo; DANIEL BASTEK, by and through his father and guardian, John Bastek; MICHAEL STORM, by and through his guardian, Polly Spare; BETH ANN LAMBO, by and through her father and guardian, Joseph Lambo; RICHARD CLARKE, by and through his father and guardian, Leonaed Clarke; RICHARD KOHLER, by and through his sister and guardian, Sara Fuller; MARIA KASHATUS, by and through her father and guardian, Thomas Kashatus; WILSON SHEPPARD, by and through his brother and next friend, Alfred Sheppard, Appellants (Pursuant to Fed. R. App. P. 12(a)).

United States Court of Appeals, Third Circuit.

Opinion Filed: April 5, 2011.

Attorney(s) appearing for the Case

Owen H. Smith (Argued), Sidley Austin, 787 Seventh Avenue, New York, NY 10019.

John E. Riley , Vaira & Riley, 1600 Market Street, Suite 2650, Philadelphia, PA 19103, Attorneys for Appellants.

Mark J. Murphy , Robert W. Meek (Argued), Robin Resnick, Disability Rights Network of PA, 1315 Walnut Street, Suite 500, Philadelphia, PA 19107.

Stephen F. Gold , 1709 Benjamin Franklin Parkway — 2nd Floor, Philadelphia, PA 19103, Attorneys for Appellees.

Lesli C. Esposito (Argued), DLA Piper, 1650 Market Street, Suite 4900, Philadelphia, PA 19103, Attorney for Amicus Curiae, Voices of the Retarded, Inc.

Carl A. Solano (Argued), Schnader Harrison Segal & Lewis, 1600 Market Street, Suite 3600, Philadelphia, PA 19103, Attorney for Amicus Curiae, Diane Solano.

Joseph A. Sullivan , Jeremy Heep , Pepper Hamilton, 3000 Two Logan Square, 18th and Arch Streets, Philadelphia, PA 19103.

Natalie Grill Einsig , Pepper Hamilton, 100 Market Street, Suite 200, Harrisburg, PA 17108, Attorneys for Amicus Curiae, The Arc of Pennsylvania and Vision for Equality, Inc.

BEFORE: JORDAN, GREENAWAY, JR., and STAPLETON, Circuit Judges.

NOT PRECEDENTIAL

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Appellants-Intervenors Springstead et al. seek to intervene in this class action brought against Defendants Pennsylvania Department of Public Welfare ("DPW") and Secretary of Public Welfare to enforce rights the Plaintiffs-Appellees claim to have under Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134, and Section 504 of the Rehabilitation...

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