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CHAPLIN v. CONSOLIDATED EDISON CO. OF NEW YORK

No. 79 Civ. 730 (MEL).

587 F.Supp. 519 (1984)

Phyllis CHAPLIN, on behalf of herself and all others similarly situated; and Epilepsy Foundation of America, Plaintiffs, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Defendants.

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

July 11, 1984.

Attorney(s) appearing for the Case

The Legal Aid Society, John E. Kirklin, New York City, Jeffrey G. Abrandt, Attorney-in-Charge, Brooklyn, N.Y., for plaintiffs; Director of Litigation Civil Appeals & Law Reform Unit, James C. Francis IV, New York City, and Jonathan Ben-Asher, Brooklyn, N.Y., of counsel.

Ernest J. Williams, New York City, for defendants; Sheila Solomon Rosenrauch, New York City, of counsel.

LASKER, District Judge.

In a decision dated February 10, 1984, addressing defendants' motion to dismiss the complaint, this Court reserved decision on the issue whether the individual defendants, employees and officers of Consolidated Edison Company of New York, Inc. ("Con Ed"), may be sued in their individual capacities under section 504 of the Rehabilitation Act of 1973, (the "Act"), 29 U.S.C. § 794. The parties have submitted further briefing on this issue...

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