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HENDRICK v. DEPT. OF HEALTH & HUMAN SERVS.

No. 2015-0442.

145 A.3d 1055 (2016)

Carrie HENDRICK & a. v. NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

Supreme Court of New Hampshire.

Opinion Issued: August 2, 2016.

Attorney(s) appearing for the Case

New Hampshire Legal Assistance, of Concord and Portsmouth ( Ruth D. Heintz and Kay E. Drought on the brief, and Ms. Heintz orally), for the plaintiffs.

Joseph A. Foster , attorney general ( MaryBeth L. Misluk , attorney, and Lynmarie Cusack , assistant attorney general, on the brief, and Ms. Misluk orally), for the defendant.

United States Department of Justice, of Washington, D.C. ( Jeffrey E. Sandberg , attorney, on the brief), and United States Attorney's Office, of Concord ( T. David Plourde , chief, civil division, on the brief), as amicus curiae.

Disability Rights Center — NH, of Concord ( C. Adrienne Mallinson on the brief), for the Disability Rights Center — NH, the New Hampshire Association of Special Education Administrators, and the National Disability Rights Network, as amici curiae.

The plaintiffs, Carrie Hendrick and Jamie Birmingham, appeal an order of the Superior Court (Smukler, J.) granting summary judgment to the defendant, the New Hampshire Department of Health and Human Services (DHHS). We reverse and remand.

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