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LANE v. PENA

No. 95-365.

518 U.S. 187 (1996)

LANE v. PENA, SECRETARY OF TRANSPORTATION, ET AL.

United States Supreme Court.

Decided June 20, 1996.

Attorney(s) appearing for the Case

Walter A. Smith, Jr., argued the cause for petitioner. With him on the briefs were Daniel B. Kohrman, Audrey J. Anderson, Arthur B. Spitzer, and Steven R. Shapiro.

Beth S. Brinkmann argued the cause for respondents. With her on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Bender, Barbara C. Biddle, and Christine N. Kohl.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., filed a dissenting opinion, in which Breyer, J., joined, p. 200.

Justice O'Connor, delivered the opinion of the Court.

Section 504(a) of the Rehabilitation Act of 1973, 87 Stat. 355, 29 U. S. C. § 791 et seq. (Act or Rehabilitation Act), prohibits, among other things, discrimination on the basis of disability "under any program or activity conducted by any Executive agency." 29 U. S. C.§ 794(a) (1988 ed., Supp. V). The question presented in this case is whether Congress...

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