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HART v. COUNTY OF ALAMEDA

No. C-79-0091 WHO.

485 F.Supp. 66 (1979)

Clarence HART, Plaintiff, v. COUNTY OF ALAMEDA, Alameda County Probation Department, Defendants.

United States District Court, N. D. California.

September 6, 1979.

Attorney(s) appearing for the Case

Prudence Kay Poppink, Kenneth Hecht, Employment Law Center, San Francisco, Cal., Robert J. Funk, Disability Law Resource Center, Center for Independent Living, Berkeley, Cal., for plaintiff.

Richard J. Moore, County Counsel, County of Alameda, Oakland, Cal., for defendants.

OPINION

ORRICK, District Judge.

By their Federal Rule of Civil Procedure 12(b)(6) motion to dismiss the complaint, defendants raise the question, not heretofore addressed in this Circuit, whether handicapped persons may enforce, through a private cause of action, the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. §§ 793,1 794,2 which...

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