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BAKER v. CITY OF CONCORD

Nos. 90-1442, 90-1443.

916 F.2d 744 (1990)

Teresa BAKER, etc., Plaintiff, Appellee, v. CITY OF CONCORD, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided October 16, 1990.

Attorney(s) appearing for the Case

John A. Lassey, with whom Wadleigh, Starr, Peters, Dunn & Chiesa, Manchester, N.H. and Susan S. Geiger, Asst. Atty. Gen., Concord, N.H., were on brief, for defendants, appellants.

H. Bernard Waugh, Jr., Hanover, N.H., on brief for New Hampshire Mun. Ass'n, amicus curiae.

Alan Linder, with whom New Hampshire Legal Assistance, Concord, N.H. and Chiara Dolcino, Center Barnstead, were on brief, for plaintiff, appellee.

Before CAMPBELL and SELYA, Circuit Judges, BOWNES, Senior Circuit Judge.

SELYA, Circuit Judge.

This appeal requires us to assess the constitutionality of N.H.Rev.Stat.Ann. (RSA) ch. 167:27 (1977 & Supp.1989), which bars recipients of state aid to the permanently and totally disabled (APTD) from receiving general public assistance (known locally as "town welfare").1 In our view, RSA 167:27 does not deprive the plaintiff, or others similarly situated, of rights secured under the federal Constitution. Hence...

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