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JUVELIS BY JUVELIS v. SNIDER

No. 94-2207.

68 F.3d 648 (1995)

Nikitas JUVELIS, an incompetent, by his father and next friend, George JUVELIS v. Karen SNIDER, in her official capacity as the Secretary of the Department of Public Welfare, Commonwealth of Pennsylvania, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 10, 1995.

Attorney(s) appearing for the Case

Kate L. Mershimer, (argued), Office of Attorney General of Pennsylvania, Harrisburg, Pennsylvania, for Appellant.

Edmond A. Tiryak, (argued), Philadelphia, Pennsylvania, for Appellee.

Before: SLOVITER, Chief Judge, SCIRICA and McKEE, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this case we must decide whether the policy of Pennsylvania's Department of Public Welfare requiring intent to establish domicile discriminates under section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a) (1988), against a profoundly retarded individual on the basis of his handicap. The district court found the policy discriminatory and required the Department of Public Welfare to fund retardation services...

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