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SEVERINO v. NORTH FORT MYERS FIRE CONTROL DIST.

No. 90-3227.

935 F.2d 1179 (1991)

Paul SEVERINO, Plaintiff-Appellant, v. NORTH FORT MYERS FIRE CONTROL DISTRICT, Ray Alvarez, personally, Ray Alvarez, officially as member of North Fort Myers Fire Control Commission, Harry Deegan, personally, Harry Deegan, officially, Hewitt Willis, personally, Hewitt Willis, officially, Paul Lunger, personally, Paul Lunger, officially, Bud Wooten, personally, Bud Wooten, officially, Donald Brown, personally, Donald Brown, in his official capacity as Chief of the North Fort Myers Fire Control District, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 12, 1991.

Attorney(s) appearing for the Case

Judith S. Kavanaugh, Trial Counsel, Kathleen D. Kirwin, Peeples, Earl and Blank, P.A., Sarasota, Fla., plaintiff-appellant.

Gerald W. Pierce, Henderson, Franklin, Starnes & Holt, Fort Myers, Fla., for defendants-appellees.

Before KRAVITCH and BIRCH, Circuit Judges, and DYER, Senior Circuit Judge.

DYER, Senior Circuit Judge:

This is an appeal from an action seeking damages under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 7941; 42 U.S.C. § 1983; and the Florida Constitution, filed by an AIDS infected firefighter against the defendants. We determine that the denial of relief by the district court was correct, where the factual record failed to establish discrimination solely on the basis of the employee's...

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