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UNITED HANDICAPPED FEDERATION v. ANDRE

No. 4-75 Civ. 627.

409 F.Supp. 1297 (1976)

UNITED HANDICAPPED FEDERATION, a Minnesota Non-Profit Corporation, et al., Plaintiffs, v. Camille D. ANDRE, Individually and in his official capacity as Chief Administrator of Metropolitan Transit Commission, et al., Defendants.

United States District Court, D. Minnesota, Fourth Division.

March 11, 1976.

Attorney(s) appearing for the Case

William M. Mahlum, John E. Brauch and Marilyn Knudsen, St. Paul, Minn., for plaintiffs.

David S. Doty and James R. Steilen, Popham, Haik, Schnobrich, Kaufman & Doty, Minneapolis, Minn., for Metropolitan Transit Commission defendants.

Robert G. Renner, U. S. Atty., by John M. Lee, Asst. U. S. Atty., Minneapolis, Minn., together with Joseph A. Blundon, Asst. Chief Counsel, and Robert W. Batchelder, Attorney-Advisor, Urban Mass Transportation Administration, Washington, D. C., for defendants Robert E. Patricelli and William Coleman, Jr.

Henry E. Halladay, David A. Ranheim and Edward J. Pluimer, Dorsey, Windhorst, Hannaford, Whitney & Halladay, West & Halladay, Minneapolis, Minn., James F. Holden, South Bend, Ind., for defendant AM General Corp.

MEMORANDUM AND ORDER

ALSOP, District Judge.

The plaintiffs' motion for a preliminary injunction was denied by the court by order dated February 24, 1976. Presently before the court are the motions of the defendants to dismiss the complaint based on lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted.

As a part of its consideration of this matter, the court...

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