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MILLER v. UNION PACIFIC R. CO.

Civ. No. 81-0-569.

539 F.Supp. 134 (1982)

Dana L. MILLER, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Defendant.

United States District Court, D. Nebraska.

March 18, 1982.

Attorney(s) appearing for the Case

James B. Cavanagh, Omaha, Neb., for plaintiff.

Barbara W. Zandbergen, Omaha, Neb., for defendant.

MEMORANDUM OPINION

SCHATZ, District Judge.

This matter comes before the Court on the motion of the defendant, Union Pacific Railroad Company, to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b).

On October 27, 1981, the plaintiff, Dana Miller, filed a two-count complaint against the defendant. In Count I, the plaintiff alleges that he is a handicapped person within the meaning of the Rehabilitation Act of 1973, 29 U.S.C. §§...

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