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R.I. HAND. ACTION COM. v. R.I. PUB. TRANSIT AUTH.

No. 82-1771.

718 F.2d 490 (1983)

RHODE ISLAND HANDICAPPED ACTION COMMITTEE, et al., Plaintiffs, Appellees, v. RHODE ISLAND PUBLIC TRANSIT AUTHORITY, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 29, 1983.

Attorney(s) appearing for the Case

Anthony F. Muri, Providence, R.I., with whom Susan M. Huntley, and Levy, Goodman, Semonoff & Gorin, Providence, R.I., were on brief, for defendants, appellants.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Lincoln C. Almond, U.S. Atty., Providence, R.I., William Kanter, Atty., Civ. Div., Dept. of Justice, John F. Cordes, Atty., Civ. Div., Dept. of Justice, Trudy B. Levy, Asst. Chief Counsel, Dept. of Transp., and Michael L. Martinez, Attorney-Advisor, Dept. of Transp., Washington, D.C., on brief, for the United States, amicus curiae.

Robert W. Batchelder, Barry J. Cutler, and O'Connor & Hannan, Washington, D.C., on brief, for American Public Transit Association, amicus curiae.

Robert B. Mann, Providence, R.I., with whom Jean A. Musiker, Providence, R.I., was on brief, for plaintiffs, appellees.

Karen Peltz Strauss, Washington, D.C., on brief, for American Coalition of Citizens with Disabilities, Inc., amicus curiae.

Before CAMPBELL and BREYER, Circuit Judges, and CAFFREY, District Judge.

LEVIN H. CAMPBELL, Chief Judge.

The named plaintiffs in this class action are three handicapped persons and two advocacy groups for the handicapped. They represent a class of "[a]ll mobility handicapped individuals in Rhode Island who are or will be denied access to the buses owned or scheduled to be purchased by the defendant RIPTA [Rhode Island Public Transit Authority]."

Suit was instituted in the district court against RIPTA and other state and federal...

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