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HENNESSEY v. BERGER

403 Mass. 648 (1988)

531 N.E.2d 1268

ANNE HENNESSEY vs. ROBERT BERGER.

Supreme Judicial Court of Massachusetts, Hampden.

December 27, 1988.

Attorney(s) appearing for the Case

Peter Benjamin (J. Paterson Rae with him) for the plaintiff.

Edward J. McDonough, Jr. (William C. Flanagan with him) for the defendant.

Kathleen R. Curtis, & Jack R. Bierig & James C. Dechene of Illinois, for Massachusetts Medical Society, amicus curiae, submitted a brief.

Sarah F. Anderson, Lynn A. Girton, & Diana H. Horan for Tri-City W.R.O. & another, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

The plaintiff, Anne Hennessey, brought this action for declaratory relief, injunctive relief, and damages against the defendant, Dr. Robert Berger, alleging that he refused to treat her because of her status as a Medicaid recipient. The plaintiff appeals from a judgment of the Superior Court dismissing her claim that the defendant's decision not to participate in the Medicaid program, and his resulting inability...

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