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HODGES v. ATCHISON, TOPEKA & SANTA FE RY.

No. 82-2112.

728 F.2d 414 (1984)

Everett E. HODGES, III, Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 13, 1984.

Attorney(s) appearing for the Case

Ben A. Goff, Oklahoma City, Okl., for plaintiff-appellant.

John J. Fleps, Chicago, Ill. (Ronald A. Lane, Chicago, Ill., and H.D. Binns, Jr., Oklahoma City, Okl., on brief), for defendant-appellee.

Before SETH, Chief Judge, BARRETT, Circuit Judge, and JENKINS, District Judge.

SETH, Chief Judge.

This appeal involves the discharge of Everett E. Hodges, III by the Atchison, Topeka and Santa Fe Railway Company. Mr. Hodges was discharged during an initial probationary period because of incorrect statements in his job application. He sued Santa Fe for wrongful discharge asserting that the Rehabilitation Act of 1973 (29 U.S.C. § 793) provides for a private right of action such as he filed. Mr. Hodges appeals from the District Court's summary...

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