BAKER v. BELL

No. 79-2173.

630 F.2d 1046 (1980)

William BAKER et al., Plaintiffs-Appellants, v. Dean BELL et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 17, 1980.


Attorney(s) appearing for the Case

Donald Juneau, Susan H. Campos, New Orleans, La., for plaintiffs-appellants.

Kent Hull, Ronald M. Soskin, National Center for Law and the Handicapped, Inc., Notre Dame, Ind., for amicus curiae.

Debra J. Fischman, New Orleans, La., for Dean Mell, the Office of Transit Admin., Ernest Morial, City of New Orleans.

Marc J. Yellin, Asst. U. S. Atty., New Orleans, La., Trudy B. Levy, Atty.-Advisor, Urban Mass Transportation Adm., Washington, D. C., for Brock Adams and Richard Page.

Before RUBIN, HENDERSON and REAVLEY, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Both the Rehabilitation Act of 1973 and the Urban Mass Transportation Act declare that federally financed programs shall be available to handicapped persons. Persons handicapped to such a degree that they are confined to wheelchairs challenge the use of federal grants to the City of New Orleans for the purchase of 175 buses that they will be unable to board and use on two basically different grounds: the action of the federal agencies...

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