Donna LEARY, James Leary, Bernice Henriksen, Mary Jane Wagner, Charles Smith, Frances Agnello, Joseph Parella, Willie Mathis, Individually and on behalf of all others similarly situated, Phoenix Unlimited, an unincorporated association, Plaintiffs-Appellants,
v.
Hetty Jean CRAPSEY, Harold A. Shay, James White, John J. Petrossi, Dwight Van DeVate, Thomas E. McGrath, Robert D. Waterman, William E. Hanson, Individually and in their official capacity as Commissioners of the Rochester-Genesee Regional Transportation Authority, John Garrity, Individually and in his official capacity as Resident Manager of the Regional Transit Service, Inc., William T. Coleman, Jr., Individually and in his capacity as Secretary of the United States Department of Transportation, Robert E. Patricelli, Individually and in his capacity as Administrator of the United States Urban Mass Transportation Administration, and their agents, employees, successors in office, assistants and all persons acting in concert or cooperation with them or at their direction or under their control, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 31, 1977.
Decided December 13, 1977.
Attorney(s) appearing for the Case
Peter D. Braun, Rochester, N. Y. (Monroe County Legal Assistance Corp., Marianne Artusio, Rochester, N. Y., of counsel), for plaintiffs-appellants.
William K. Dorr, Rochester, N. Y. (Harris, Beach, Wilcox, Rubin & Levey, Rochester, N. Y., of counsel), for local defendants-appellees.
Glenn F. Wasserman, Atty. Advisor, Rochester, N. Y. (Richard J. Arcara, U. S. Atty., W. D. N. Y., Buffalo, N. Y., Gerald J. Houlihan, Asst. U. S. Atty., Rochester, N. Y., Robert W. Batchelder, Acting Asst. Chief Counsel, Urban Mass Transportation Administration, Washington, D. C., of counsel), for federal defendants-appellees.
Before FEINBERG, OAKES and GURFEIN, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
The eight individual plaintiffs in this class action each suffer from severe physical handicaps; seven are confined to wheel chairs and the other must use crutches.1 All plaintiffs appeal from a decision of the United States District Court for the Western District of New York granting summary judgment to defendants, various federal and local officials who are responsible for, or administer, mass transportation programs in the...
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