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WAGNER BY WAGNER v. FAIR ACRES GERIATRIC CENTER

No. 94-1275.

49 F.3d 1002 (1995)

Margaret C. WAGNER, by Her Next Friend George M. WAGNER v. FAIR ACRES GERIATRIC CENTER. Margaret Wagner, by her next friend, George M. Wagner, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 15, 1995.

Attorney(s) appearing for the Case

Stephen A. Feldman (argued), Ellen R. Wase, Richard P. Haaz, Feldman & Feldman, Philadelphia, PA, for appellant.

William F. Holsten, II (argued), Holsten & White, Media, PA, for appellee.

Alison E. Hirschel, Catherine C. Carr, Community Legal Services, Inc., Philadelphia, PA, for amicus curiae Alzheimer's and Related Disorders Ass'n of Greater Philadelphia.

Before: SLOVITER, Chief Judge, MANSMANN and ALARCON, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The general issue we address is whether Fair Acres Geriatric Center, a county-operated intermediate care nursing facility, violated Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, when it denied admission to Margaret C. Wagner, a 65 year old woman afflicted with Alzheimer's disease. Although Fair Acres admits Alzheimer's patients, it denied admission to Mrs. Wagner

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