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FIANDACA v. CUNNINGHAM

Nos. 87-1199, 87-1200.

827 F.2d 825 (1987)

Mary Ann FIANDACA, et al., Plaintiffs, Appellees, v. Michael CUNNINGHAM, etc., et al., Defendants, Appellees. Appeal of NEW HAMPSHIRE ASSOCIATION FOR RETARDED CITIZENS, et al. Mary Ann FIANDACA, et al., Plaintiffs, Appellees, v. Michael CUNNINGHAM, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 25, 1987.

Attorney(s) appearing for the Case

John D. MacIntosh, with whom Epstein, Burke & MacIntosh, P.A., Concord, N.H., was on brief, for appellants N.H. Ass'n for Retarded Citizens.

Ronald F. Rodgers, Sr. Asst. Atty. Gen., with whom Stephen E. Merrill, Atty. Gen., Concord, N.H., was on brief, for Michael Cunningham.

Bertram D. Astles, for appellee Mary Ann Fiandaca.

Before COFFIN, DAVIS and SELYA, Circuit Judges.

COFFIN, Circuit Judge.

This opinion discusses two consolidated appeals related to a class action brought by twenty-three female prison inmates sentenced to the custody of the warden of the New Hampshire State Prison. The suit challenges the state of New Hampshire's failure to establish a facility for the incarceration of female inmates with programs and services equivalent to those provided to male inmates at the state prison. After a bench trial on the merits, the...

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