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CAVALLARO BY CAVALLARO v. AMBACH

No. CIV-83-1205T.

575 F.Supp. 171 (1983)

Daniel CAVALLARO, A Handicapped Child, by his parents, Joseph CAVALLARO and Donna Cavallaro, and Spencerport Central School District, Plaintiffs, v. Gordon M. AMBACH, Commissioner, New York State Department of Education, The New York State Public High School Athletic Association, Inc., The New York State Federation of Secondary School Athletic Association, The Eligibility Committee of The New York State Public High School Athletic Association, Inc., The Section V Eligibility Committee of the New York State Public High School Athletic Association, Inc., John D. O'Donnell, Alton B. Doyle and Bruce H. Johnson, Defendants.

United States District Court, W.D. New York.

November 16, 1983.

Attorney(s) appearing for the Case

Allen & O'Brien, Rochester, N.Y. (Diane S. Katz, Rochester, N.Y., of counsel), for plaintiffs.

McGivern, Shaw & O'Connor, Scotia, N.Y. (Ronald R. Shaw, Scotia, N.Y., of counsel), Harris, Beach, Wilcox, Rubin & Levey, Rochester, N.Y. (William Goldman, Rochester, N.Y., of counsel), for defendants.

MEMORANDUM DECISION and ORDER

TELESCA, District Judge.

INTRODUCTION

This is an action commenced pursuant to 42 U.S.C. Section 1983 and 29 U.S.C. Section 794 by Daniel Cavallaro, his parents and the Spencerport Central School District, alleging that Daniel has been discriminated against on the basis of his handicap and has been unlawfully denied the opportunity to participate in inter-scholastic wrestling. Presently before me is plaintiffs' motion...

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