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GUPTON v. COM. OF VA.

No. 92-1319.

14 F.3d 203 (1994)

Betty GUPTON, Plaintiff-Appellant, v. COMMONWEALTH OF VIRGINIA; Ray D. Pethel; William Bryant, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 1994.

Attorney(s) appearing for the Case

Willis James Spaulding, Charlottesville, VA, argued William H. Scheil, Jr., Rockville, VA, on brief, for plaintiff-appellant.

Guy Winston Horsley, Jr., Sr. Asst. Atty. Gen., argued (Mary Sue Terry, Atty. Gen. of Virginia, Gail Starling Marshall, Deputy Atty. Gen., and Neil A.G. McPhie, Sr. Asst. Atty. Gen., on brief), Office of the Atty. Gen., Richmond, VA, for defendants-appellees.

Before RUSSELL, NIEMEYER, and WILLIAMS, Circuit Judges.

OPINION

DONALD RUSSELL, Circuit Judge:

Betty Gupton, an employee of the Virginia Department of Transportation (VDOT), appeals the district court's grant of summary judgment against her on her claim that VDOT's failure to provide her with a smoke-free workplace violated 42 U.S.C. § 1983. She also appeals the district court's rejection, after a bench trial, of her claim that this failure also violated section 504 of the Rehabilitation Act of 1973, 29...

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