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DAVIS v. SOUTHEASTERN COMMUNITY COLLEGE

No. 77-1237.

574 F.2d 1158 (1978)

Frances B. DAVIS, Appellant, v. SOUTHEASTERN COMMUNITY COLLEGE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1978.

Rehearing and Rehearing Denied June 29, 1978.

Attorney(s) appearing for the Case

Marc P. Charmatz and Sy Dubow, The National Center for Law and The Deaf Legal Defense Fund, Washington, D. C. (Philip A. Diehl and Warren L. Pate, Moses, Diehl & Pate, Raeford, N. C., on brief), for appellant.

Edward L. Williamson, Whiteville, N. C. (Benton H. Walton, III, Williamson & Walton, Whiteville, N. C., on brief), for appellee.

Charles E. Hill, Douglas L. Parker and Mark A. Barenstein, Washington, D. C., on brief) for amicus curiae Disability Rights Center and James Cherry.

Before HAYNSWORTH, Chief Judge, and BUTZNER and HALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 29, 1978.

K. K. HALL, Circuit Judge:

Frances B. Davis, a Licensed Practical Nurse ("LPN"), appeals from a final judgment entered against her in a civil action filed under the Civil Rights Act of 1871, 42 U.S.C. § 1983, and under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, ("the Act"). The Southeastern Community College ("college"), located in North Carolina, was the named defendant,...

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