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ROLLAND v. ROMNEY

No. 02-1697.

318 F.3d 42 (2003)

Loretta ROLLAND; Terry Newton; Bruce Ames; Frederick Cooper; Margaret Pinette; Leslie Francis; Timothy Raymond; The Arc of Massachusetts; Stavros Center for Independent Living, Plaintiffs, Appellees, v. Mitt ROMNEY; Frederick Laskey; William O'Leary; Bruce M. Bullen; Gerald Morrissey; Elmer C. Bartels; Howard Koh; Teresa O'Hare, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided January 28, 2003.

Attorney(s) appearing for the Case

Peter T. Wechsler, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellants.

Steven J. Schwartz with whom Cathy E. Costanzo, Center for Public Representation, Matthew Engel, Disability Law Center, Richard d'A Belin, Kristi Hatrick, Foley, Hoag & Eliot LLP, Frank Laski, and Mental Health Legal Advisors were on brief for appellees.

Buckmaster De Wolf, Howrey Simon Arnold & White, LLP, and Ethan B. Andelman on brief for The Arc of the United States, National Association of Protection and Advocacy Systems, Judge David L. Bazelon Center for Mental Health Law, National Health Law Program, and National Senior Citizens Law Center, amici curiae.

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

COFFIN, Senior Circuit Judge.

Appellants, the governor of the Commonwealth of Massachusetts and various officials (collectively referred to as the "Commonwealth"), appeal the decision of the district court, acting through a magistrate judge, see 28 U.S.C. § 636(c), requiring them to provide certain services to appellees, a group of adults with mental retardation or other developmental disabilities who reside in nursing homes in Massachusetts.

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