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McINNIS-MISENOR v. MAINE MEDICAL CENTER

No. 02-2086.

319 F.3d 63 (2003)

Kathryn MCINNIS-MISENOR; Brett Misenor, Plaintiffs, Appellants, v. MAINE MEDICAL CENTER, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 11, 2003.

Attorney(s) appearing for the Case

Deirdre M. Smith, with whom was Drummond Woodsum & MacMahon on the brief for appellants.

William J. Kayatta, Jr., with whom were Margaret Coughlin LePage, Joanne H. Pearson and Pierce Atwood on the brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

Kathryn McInnis-Misenor, age 43, suffers from juvenile rheumatoid arthritis and uses a wheelchair. She and her husband are attempting to have a second child, but she is not yet pregnant. Anticipating that she will become pregnant, they brought suit in federal court in October 2001. The complaint, as amended in March 2002, alleged that the Maine Medical Center ("MMC") was in violation of the architectural barrier provisions of Title III of the...

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