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Baby Neal, For and By Lourie v. Casey

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 18, 1991

BABY NEAL, FOR AND BY HIS NEXT FRIEND, NORMAN V. LOURIE; KAREEM AND KENT H, FOR AND BY THEIR NEXT FRIEND, JOHN PIERCE; WILLIAM AND JOSEPH H, FOR AND BY THEIR NEXT FRIEND, FATHER ROBERTO MALDONADO; MARCELLA B, FOR AND BY HER NEXT FRIEND, DR. STEPHEN LUDWIG; SHERRY G, FOR AND BY HER NEXT FRIEND, MARJORIE GREENFIELD; JOHN, JEAN, JACOB AND JEFFREY W, FOR AND BY THEIR NEXT FRIEND, ELIZABETH WICKENDEN; ALICIA P, FOR AND BY HER NEXT FRIEND, FATHER LUIS CORTES, JR.,; MANUEL I, FOR AND BY HER NEXT FRIEND, WILBUR HOBBS; TAMARA AND CARL I, FOR AND BY THEIR NEXT FRIEND, DR. ALLEN R. DEJONG; JANE L, FOR AND BY HER NEXT FRIEND, SUZANNE HEMP
v.
ROBERT P. CASEY, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF COMMONWEALTH OF PENNSYLVANIA AND JOHN F. WHITE, JR., IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF PUBLIC WELFARE FOR THE COMMONWEALTH OF PENNSYLVANIA AND EDWARD J. BRADLEY, IN HIS OFFICIAL CAPACITY AS PRESIDENT JUDGE OF THE PHILADELPHIA COURT OF COMMON PLEAS AND W. WILSON REEVE, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF PHILADELPHIA AND JOAN M. REEVES, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES OF THE CITY OF PHILADELPHIA AND MAXINE TUCKER, IN HER OFFICIAL CAPACITY AS INTERIM DEPUTY COMMISSIONER OF THE CHILDRED AND YOUTH DIVISION OF THE PHILADELPHIA DEPARTMENT OF HUMAN SERVICES, AFSCME LOCALS 2186 AND 2187, PROPOSED INTERVENORS, APPELLANTS IN NO. 90-1759; BABY NEAL, FOR AND BY HIS NEXT FRIEND, NORMAN V. LOURIE; KAREEM AND KENT H, FOR AND BY THEIR NEXT FRIEND, JOHN PIERCE; WILLIAM AND JOSEPH H, FOR AND BY THEIR NEXT FRIEND, FATHER ROBERTO MALDONADO; MARCELLA B, FOR AND BY HER NEXT FRIEND, DR. STEPHEN LUDWIG; SHERRY G, FOR AND BY HER NEXT FRIEND, MARJORIE GREENFIELD; JOHN, JEAN, JACOB AND JEFFREY W, FOR AND BY THEIR NEXT FRIEND, ELIZABETH WICKENDEN; ALICIA P, FOR AND BY HER NEXT FRIEND, FATHER LUIS CORTES, JR.,; MANUEL I, FOR AND BY HER NEXT FRIEND, WILBUR HOBBS; TAMARA AND CARL I, FOR AND BY THEIR NEXT FRIEND, DR. ALLEN R. DEJONG; JANE L, FOR AND BY HER NEXT FRIEND, SUZANNE HEMP V. ROBERT P. CASEY, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF COMMONWEALTH OF PENNSYLVANIA AND JOHN F. WHITE, JR., IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF PUBLIC WELFARE FOR THE COMMONWEALTH OF PENNSYLVANIA AND EDWARD J. BRADLEY, IN HIS OFFICIAL CAPACITY AS PRESIDENT JUDGE OF THE PHILADELPHIA COURT OF COMMON PLEAS AND W. WILSON GOODE, IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF PHILADELPHIA AND JOAN M. REEVES, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES OF THE CITY OF PHILADELPHIA AND MAXINE TUCKER, IN HER OFFICIAL CAPACITY AS INTERIM DEPUTY COMMISSIONER OF THE CHILDRED AND YOUTH DIVISION OF THE PHILADELPHIA DEPARTMENT OF HUMAN SERVICES, DISTRICT COUNCIL 47, AMERICAN FEDERATION OF STATE, COUNTY, MUNICIPAL EMPLOYEES, AFL-CIO, PROPOSED INTERVENOR, APPELLANTS IN NO. 90-1785

Appeal from the United States District Court for the Eastern District of Pennsylvania; D.C. Civil Action No. 90-02343; District Judge: Hon. Robert F. Kelly.

Becker, Nygaard and Higginbotham, Circuit Judges.

Author: Higginbotham

AFFIRMED

19910318

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