CHAPLIN v. CONSOL. EDISON CO. OF N. Y., INC.

No. 79 Civ. 730 (MEL).

482 F.Supp. 1165 (1980)

Phyllis CHAPLIN, on behalf of herself and all others similarly situated; and Epilepsy Foundation of America, Plaintiffs, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.; Charles Luce, Individually and in his capacity as Chairman of the Board of Trustees of Consolidated Edison Company of New York, Inc., Arthur Hauspurg, Individually and in his capacity as President of Consolidated Edison Company of New York, Inc.; Regina Frederickson, Individually and in her capacity as Director of Personnel of Consolidated Edison Company of New York, Inc.; Thomas M. O'Sullivan, Individually and in his capacity as Assistant Director of Personnel of Consolidated Edison Company of New York, Inc.; John Holbrook, Individually and in his capacity as a Personnel Representative of Consolidated Edison Company of New York, Inc.; Herman Halpern, Individually and in his capacity as Medical Director of Consolidated Edison Company of New York, Inc.; and Jane Doctor and John Doctor, Individually and in their capacities as unknown and unnamed physicians of the Medical Department of Consolidated Edison Company of New York, Inc., Defendants.

United States District Court, S. D. New York.

January 18, 1980.


Attorney(s) appearing for the Case

Kalman Finkel, The Legal Aid Society, Civ. Div., New York City, John E. Kirklin, Director of Litigation, The Legal Aid Society Civil Appeals and Law Reform Unit, New York City, Timothy M. Cook, New York City, of counsel, Morton B. Dicker, The Legal Aid Society, New York City, Gale Fieldman, New York City, of counsel, for plaintiffs.

Ernest J. Williams, New York City, for defendants; Barry S. Goldstein, Sheila Solomon Rosenrauch, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., New York City, for United States, amicus curiae; Jane E. Bloom, Dennison Young, Jr., Asst. U. S. Attys., New York City, Stephen L. Mikochik, Lucy L. Thomson, Attys., U. S. Dept. of Justice, Carin Ann Clauss, Sol., James D. Henry, Associate Sol., David Drachsler, Washington, D. C., Counsel for Equal Opportunity Programs, Lois G. Williams, Deputy Associate Sol., Gregory O'Duden, Atty., U. S. Dept. of Labor, Albert Hamlin, Asst. Gen. Counsel for Civil Rights, Washington D. C., Sandra Griffith, Atty., U. S. Dept. of HEW, of counsel.


LASKER, District Judge.

Phyllis Chaplin was diagnosed as an epileptic in 1965, and since has had her condition controlled by anti-epileptic medications. Individually and as a representative of a proposed class, Chaplin, together with the Epilepsy Foundation of America (the Foundation), sue Consolidated Edison Company of New York, Inc. (Con Ed), and certain of its officials and physicians in its Medical Department under...

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