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COOK v. BUDGET RENT-A-CAR CORP.

No. 79 Civ. 6482.

502 F.Supp. 494 (1980)

Timothy M. COOK, on behalf of himself and all others similarly situated, Plaintiff, v. BUDGET RENT-A-CAR CORPORATION and Transamerica Corporation, Defendants.

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

December 4, 1980.

Attorney(s) appearing for the Case

Timothy M. Cook, pro se.

Guggenheimer & Untermyer, New York City, for defendant Budget Rent-A-Car Corp.; Robert E. Smith, Alan I. Raylesberg, Roger B. Jacobs, New York City, of counsel.

Orrick, Herrington, Rowley & Sutcliffe, San Francisco, Cal., for defendant Transamerica Corp.; James H. Benney, Steven F. Greenwald, San Francisco, Cal., of counsel.

ROBERT J. WARD, District Judge.

Plaintiff brings this action under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The action has been discontinued with prejudice as to defendant Transamerica Corporation by an order of the Court dated June 16, 1980. The remaining defendant, Budget Rent-A-Car Corporation ("Budget"), moves to dismiss plaintiff's claims pursuant to Rule 12(b)(6), Fed.R.Civ.P. However, since Budget has relied upon matters outside...

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