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Cindy Ann Metro v. Elk County Children's Services

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


filed: March 30, 1989.

CINDY ANN METRO, A MINOR BY AND THROUGH HER PARENTS, JOSEPH P. METRO AND AUDREY METRO, APPELLANTS
v.
ELK COUNTY CHILDREN'S SERVICES, AND WILLIAM H. COLEGROVE, INDIVIDUALLY AND AS THE EXECUTIVE DIRECTOR OF ELK COUNTY CHILDREN'S SERVICES

On Appeal from the United States District Court for the Western District of Pennsylvania, D.C. Civil No. 88-00213

Author: Greenberg

Opinion OF THE COURT

BEFORE: MANSMANN, GREENBERG and SCIRICA, Circuit Judges

GREENBERG, Circuit Judge.

Order of dismissal of October 25, 1988 will be affirmed to the extent that it dismissed plaintiffs' claims under 42 U.S.C. ยง 1983 and will be modified to the extent that it dismissed plaintiffs' pendent claim with prejudice so that the dismissal of the pendent claim will be without prejudice. The matter will be remanded to the district court for entry of an order consistent with this opinion.

19890330

© 1998 VersusLaw Inc.



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