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COSTNER v. UNITED STATES

No. 81-0138-C (5).

555 F.Supp. 146 (1982)

Sam COSTNER, Plaintiff, v. UNITED STATES; Raymond J. Donovan, Secretary of Labor; and Drew Lewis, Secretary of Transportation, Defendants.

United States District Court, E.D. Missouri, E.D.

December 30, 1982.

Attorney(s) appearing for the Case

Stuart R. Berkowitz, Clayton, Mo., for plaintiff.

Bruce D. White, Asst. U.S. Atty., St. Louis, Mo., for defendants.

MEMORANDUM AND ORDER

CAHILL, District Judge.

This matter is before the Court on cross motions for summary judgment.

Plaintiff Sam Costner has a medical history of epilepsy. He brings this action for declaratory relief under the Administrative Procedure Act, 5 U.S.C. § 701, et seq., and the United States Constitution to review a decision of the United States Department of Labor (DOL) not to file a complaint under § 503 of the Rehabilitation...

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