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TRAGESER v. LIBBIE REHAB. CENTER, INC.

No. 77-2224.

590 F.2d 87 (1978)

Novella H. TRAGESER, Appellant, v. LIBBIE REHABILITATION CENTER, INC., t/a Libbie Convalescent Home, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 18, 1978.

Attorney(s) appearing for the Case

G. Timothy Oksman, Richmond, Va. (Farino & Oksman, Richmond, Va., on brief), for appellant.

Lewis T. Booker, Richmond, Va. (Charles S. McCandlish, Hunton & Williams, Richmond, Va., on brief), for appellee.

United States of America (Drew S. Days, III, Asst. Atty. Gen., Walter W. Barnett and Judith E. Wolf, attys., Dept. of Justice, Washington, D. C., on brief), and National Federation of the Blind (John F. Rick, Richmond, Va., on brief), amici curiae in support of appellant.

Before BUTZNER and HALL, Circuit Judges, and ROBERT F. CHAPMAN, District Judge for the District of South Carolina, sitting by designation.

BUTZNER, Circuit Judge:

Novella H. Trageser appeals the district court's dismissal of her complaint alleging that the termination of her employment at Libbie Rehabilitation Center constituted handicap discrimination in violation of § 504 of the Rehabilitation Act of 1973, the fifth and fourteenth amendments to the Constitution, and 42 U.S.C. § 1983. We affirm because § 120(a) of the Comprehensive Rehabilitation Services Amendments of 1978 forecloses...

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