Legal Opinion

Margaret C. Wagner, by Her Next Friend George M. Wagner v. Fair Acres Geriatric Center. Margaret Wagner, by Her Next Friend, George M. Wagner

Court of Appeals for the Third Circuit

Decided March 15, 1995No. 94-1275PublishedCited by 97 opinions

1Opinion of the Court

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The general issue we address is whether Fair Acres Geriatric Center, a county-operated intermediate care nursing facility, violated Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, when it denied admission to Margaret C. Wagner, a 65 year old woman afflicted with Alzheimer’s disease. Although Fair Acres admits Alzheimer’s patients, it denied admission to Mrs! Wagner because it determined that its facility and staff could not accommodate the behavioral manifestations of her disease.

The jury was asked to decide whether, despite…

2Cases cited26 opinions

  1. Sosna v. IowaSupreme Court of the United States · 1975
  2. Weinstein v. BradfordSupreme Court of the United States · 1975
  3. Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980
  4. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  5. Alexander v. ChoateSupreme Court of the United States · 1985

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3Cited by97 opinions

  1. Menkowitz v. Pottstown Memorial Medical CenterCourt of Appeals for the Third Circuit · 1998
  2. Cherilynn Grzan v. Charter Hospital of Northwest Indiana, a Member of the Charter Medical Corporation, and Simon Greer, Jr.Court of Appeals for the Seventh Circuit · 1997
  3. Hovsons, Inc. v. Township Of BrickCourt of Appeals for the Third Circuit · 1996
  4. Georgia-Pacific Corporation, Plaintiff-Cross v. United States Gypsum Company and L&w Supply CorporationCourt of Appeals for the Federal Circuit · 1999
  5. Paul R. Forrest v. Beloit Corporation Harnischfeger Industries, IncCourt of Appeals for the Third Circuit · 2005

92 more not listed; retrieve them via the Exa API.

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