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DANIEL B. v. O'BANNON

Civ. A. No. 79-4088.

633 F.Supp. 919 (1986)

DANIEL B., Jerry G., Alfred W., intervenor, and Mrs. Alfred Wissman, as next best friend of Alfred W. and all other similarly situated persons, Plaintiffs, v. Helen O'BANNON, in her official capacity as Secretary, Department of Public Welfare, Commonwealth of Pennsylvania, and Leon Soffer, in his official capacity as County Administrator, Philadelphia County Mental Retardation Program, and City of Philadelphia, Defendants.

United States District Court, E.D. Pennsylvania.

March 12, 1986.

Attorney(s) appearing for the Case

Paul M. George, Developmentally Disabled Advocacy Project, Andrew F. Erba, Community Legal Services, Edmond A. Tiryak, MaGuigan, Shapiro, Engle & Tiryak, Philadelphia, Pa., for plaintiffs.

Armando Lamdda, Litigation Div., Law Dept., Philadelphia, Pa., for defendant City of Philadelphia.

Alan J. Davis, Asst. City Solicitor, Richard J. Gold, CH. Asst. City Solicitor, Philadelphia, Pa., for defendant Soffer and the City.

Michael Harvey, Dist. Atty. Gen., Dept. of Justice, Harrisburg, Pa., for defendant O'Bannon.

MEMORANDUM and ORDER

SHAPIRO, District Judge.

Plaintiffs brought this action on behalf of a class of mentally retarded individuals who were institutionalized at Woodhaven Center ("Woodhaven"), an intermediate care facility for the mentally retarded operated by Temple University under contract with the Commonwealth of Pennsylvania, and had been recommended for discharge to less restrictive community living arrangements ("CLAs") but had not yet been discharged...

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