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GUICE-MILLS v. DERWINSKI

No. 1310, Docket 91-6301.

967 F.2d 794 (1992)

Constance GUICE-MILLS, Plaintiff-Appellant, v. Edward J. DERWINSKI, Secretary of the Department of Veterans Affairs, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 24, 1992.

Attorney(s) appearing for the Case

J. Owen Zurhellen, III, Zurhellen & La Rue, New York City, for plaintiff-appellant.

Victor Omari Olds, Asst. U.S. Atty. (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Thomas A. Zaccaro, Asst. U.S. Atty., New York City, of counsel), for defendant-appellee.

Before FEINBERG, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

Constance Guice-Mills appeals from an adverse decision after a three-day bench trial before Judge Bernard Newman.* He held that she had not been the subject of handicap discrimination by the Veterans Administration Hospital at Montrose, New York. We agree with Judge Newman that Guice-Mills' medical condition rendered her not "otherwise qualified" to satisfy the justified requirements for a head nurse position. Moreover...

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