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DUQUETTE BY AND THROUGH DUQUETTE v. DUPUIS

Civ. No. 83-112-D.

582 F.Supp. 1365 (1984)

Jeffrey DUQUETTE, By and Through his mother and next friend, Nancy DUQUETTE, and all medically needy disabled individuals under the age of eighteen in the State of New Hampshire who have been denied or will be denied eligibility for Medicaid Assistance solely on the basis of the nature of the individuals' handicapping condition v. Sylvio DUPUIS, in his official capacity as Commissioner of the New Hampshire Department of Health and Welfare, Richard Chevrefils, in his official capacity as Director of the New Hampshire Division of Welfare.

United States District Court, D. New Hampshire.

March 22, 1984.

Attorney(s) appearing for the Case

Ronald K. Lospennato, Developmentally Disabled Advocacy Center, Concord, N.H., for plaintiffs.

Peter T. Foley, Office of the Attorney General, Concord, N.H., for defendants.

OPINION

DEVINE, Chief Judge.

This is a discrimination action under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (§ 504) wherein Jeffrey Duquette by his mother, Nancy Duquette, both individually and as a class representative, claims that the New Hampshire Medical Assistance Program ("NHMAP") unlawfully discriminates against plaintiff solely on the basis of his handicap. Plaintiff contends...

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