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CHERRY v. MATHEWS

Civ. A. No. 76-255.

419 F.Supp. 922 (1976)

James L. CHERRY and Action League for Physically Handicapped Adults, Plaintiffs, v. F. David MATHEWS, HEW and Martin Gerry, Defendants.

United States District Court, District of Columbia.

July 19, 1976.

Attorney(s) appearing for the Case

Victor H. Kramer, Richard B. Wolf, Jane Bloom Yohalem, Institute for Public Interest Representation, Washington, D.C., for plaintiffs.

Joseph Guerrieri, Jr., Asst. U.S. Atty., Washington, D.C., for defendants.

MEMORANDUM

JOHN LEWIS SMITH, Jr., District Judge.

Plaintiffs filed this action to compel the Secretary of Health, Education and Welfare (Secretary) to promulgate certain regulations implementing § 504 of the Rehabilitation Act of 1973 (Act), 29 U.S.C. § 794, as amended.1 Defendants have contended that the statute imposes no explicit duty to issue regulations, in contrast to other civil rights and similar statutes which...

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