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JACOBSON v. DELTA AIRLINES, INC.

No. CA 82-5477.

742 F.2d 1202 (1984)

Neil JACOBSON, Plaintiff-Appellant, v. DELTA AIRLINES, INC., a Georgia Corporation, and Hugh Burton, individually and as Customer Service Supervisor of Delta Airlines, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 7, 1983.

Resubmitted March 15, 1984.

Decided September 18, 1984.

Attorney(s) appearing for the Case

Stanley Fleishman, Los Angeles, Cal., for plaintiff-appellant.

Peter P. Brotzen, Chase, Rotchford, Drukker & Bogust, Los Angeles, Cal., for defendants-appellees.

Before FARRIS and REINHARDT, Circuit Judges, and SOLOMON, District Judge.

REINHARDT, Circuit Judge:

Plaintiff is a handicapped person. He challenges Delta Airline's policy of requiring handicapped persons to sign a "medical release form" acknowledging that they may be removed from a flight at any point for specified reasons. In the district court he contended that the policy violated section 404(b) of the Federal Aviation Act, 49 U.S.C. § 1374(b) (1976), section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (1982), and state...

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