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BETHPHAGE LUTHERAN SERVICE, INC. v. WEICKER

No. 949, Docket 91-9052.

965 F.2d 1239 (1992)

BETHPHAGE LUTHERAN SERVICE, INC., Plaintiff-Appellant, v. Lowell P. WEICKER, Jr., in his official capacity as Governor of the State of Connecticut; Toni Richardson, Commissioner, Department of Mental Retardation; Audrey Rowe, Commissioner, Department of Income Maintenance, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 2, 1992.

Attorney(s) appearing for the Case

Richard P. Nelson, Lincoln, Neb. (Rochelle Shana Wood, Mark R. Kravitz, Wiggin & Dana, New Haven, Conn.; Nelson Morris Holdeman & Titus, Lincoln, Neb., on the brief), for plaintiff-appellant.

Arnold I. Menchel, Asst. Atty. Gen., Hartford, Conn. (Richard Blumenthal, Atty. Gen., Richard J. Lynch, James P. Welsh, Asst. Atty. Gens., Hartford, Conn., on the brief), for defendants-appellees.

Before: LUMBARD, NEWMAN and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Bethphage Lutheran Service, Inc. ("Bethphage"), a Connecticut not-for-profit corporation providing residential and day-care services to persons with mental retardation and other disabilities, appeals from the August 27, 1991, judgment of the United States District Court for the District of Connecticut (Alan H. Nevas, Judge) dismissing its complaint against various Connecticut officials on the ground that abstention was appropriate pursuant...

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