ABBOTT v. BRAGDON

No. 96-1643.

107 F.3d 934 (1997)

Sidney ABBOTT, et al., Plaintiffs, Appellees, v. Randon BRAGDON, D.M.D., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 5, 1997.


Attorney(s) appearing for the Case

John W. McCarthy, Bangor, ME, with whom Brent A. Singer and Rudman & Winchell were on brief, for defendant.

Peter M. Sfikas, Mark S. Rubin and Jill A. Wolowitz, Chicago, IL, on brief for American Dental Ass'n, amicus curiae.

Bennett H. Klein and David G. Webbert, Augusta, ME, with whom Gay and Lesbian Advocates and Johnson, Webbert & Laubenstein were on brief, for plaintiff Sidney Abbott.

John E. Carnes, Commission Counsel, Augusta, ME, on brief for intervenor-plaintiff Maine Human Rights Commission.

Samuel R. Bagenstos, Attorney, U.S. Dept. of Justice, Washington, DC, with whom Deval L. Patrick, Assistant Attorney General, Boston, MA, and Jessica Dunsay Silver, Attorney, Washington, DC, were on brief, for intervenor-plaintiff United States of America, amicus curiae.

Robert Greenwald, Yonkers, NY, and AIDS Action Committee on brief, Boston, MA, for R.I. Dept. of Pub. Health, Bureau of Health of the Me. Dept. of Human Servs., American Pub. Health Ass'n, Ass'n of State and Territorial Dental Dirs., and Ass'n of State and Territorial Health Officials, amici curiae.

Donna Levin, Boston, MA, on brief for Mass. Dept. of Pub. Health, amicus curiae.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and STAHL, Circuit Judge.


SELYA, Circuit Judge.

In this case of first impression, the district court granted summary judgment in favor of plaintiff-appellee Sidney Abbott, an HIV-positive woman, on her claim that defendant-appellant Randon Bragdon, a dentist, violated the Americans with Disabilities Act (the ADA) by refusing to treat her in his dental office.1 Dr. Bragdon appeals. Because we agree with the district court that Ms. Abbott is disabled within the purview...

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