UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: February 24, 1995.
HELEN L., BEVERLY D., FLORENCE H., ILENE F., IDELL S., AND AMERICAN DISABLED FOR ATTENDANT PROGRAMS TODAY ("A.D.A.P.T."), IDELL S., APPELLANT
ALBERT L. DIDARIO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF NORRISTOWN STATE HOSPITAL, AND KAREN F. SNIDER, IN HER CAPACITY AS SECRETARY, PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, KAREN F. SNIDER, APPELLEE
Present: Sloviter, Chief Judge, Becker, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Alito, Roth, Lewis, Mckee and Sarokin Circuit Judges.
SUR PETITION FOR REHEARING
The petition for rehearing filed by appellee in the above entitled case having been submitted to the Judges who participated in the decision of this court and to all other available circuit Judges of the circuit in regular active service, and no Judge who concurred in the decision having asked for rehearing, and a majority of the circuit Judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judges Becker, Stapleton, Hutchinson, Alito and Roth would grant rehearing.
BY THE COURT,
Dolores K. Sloviter
DATED: Feb. 24, 1995
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