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GRAY BY GRAY v. ROMEO

Civ. A. No. 87-0573B.

697 F.Supp. 580 (1988)

Marcia GRAY by her guardian and husband H. Glenn GRAY v. Thomas D. ROMEO in his capacity as Director of the Department of Mental Health, Retardation and Hospitals and the State of Rhode Island.

United States District Court, D. Rhode Island.

October 17, 1988.

Attorney(s) appearing for the Case

Linda S. MacDonald, East Greenwich, R.I., for plaintiff.

John L.P. Breguet, Chief Legal Officer, Dept. of Mental Health, Retardation, and Hospitals, Cranston, R.I., for defendants.

Paul R. Tremblay, Boston College Legal Assistance Bureau, Waltham, Mass., guardian ad litem.

Joseph A. Kelly, Providence, R.I., James Bopp, Jr., Mary M. Nimz, Thomas J. Marzen, Indianapolis, Ind., for amicus curiae, Ethics and Advocacy Task Force of the Nursing Home Action Group.

Dante J. Giammarco on behalf of Philip D. Moran, Salem, Mass., for amicus curiae, Nat. Doctors For Life, Inc. and Nat. Association of Prolife Nurses, Inc.

Kevin A. McKenna, Providence, R.I., Peter W. Gubellini, Fleming, Boyle & Gubellini, Wellesley Hills, Mass., for amicus curiae, Rhode Island Nurses For Life and Paul C. Aspirino III and Geraldine Ann McGarry.

Fenella Rouse, M. Rose Gasner and Elena M. Cohen, Staff Attys., New York City, Charles J. Moore, Providence, R.I. (Richard Wasserman, of counsel), for amicus curiae, Soc. for the Right to Die, Inc.

OPINION

FRANCIS J. BOYLE, Chief Judge.

The Plaintiff Glenn Gray seeks a declaratory judgment authorizing him to direct the removal of a feeding tube and further life support administered to his wife Marcia Gray, who is presently a patient at Rhode Island Medical Center, General Hospital. The effect of removal of the feeding tube or closing off of the feeding tube would be to bring about the death of Marcia Gray.

Marcia Gray was born April 26, 1939...

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