FORRISI v. BOWEN

No. 85-2317.

794 F.2d 931 (1986)

Louis P. FORRISI, Appellant, v. Otis R. BOWEN, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 1986.


Attorney(s) appearing for the Case

Louis L. Lesesne, Jr. (Gillespie & Lesesne, Charlotte, N.C., on brief) for appellant.

Timothy M. White, Dept. of Health and Human Services, Washington, D.C. (Kenneth W. McAllister, U.S. Atty., Harry L. Hobgood, Asst. U.S. Atty., Greensboro, N.C., on brief) for appellee.

Before WIDENER and WILKINSON, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.


WILKINSON, Circuit Judge:

The sole question is whether the plaintiff, fired because of his fear of heights, may claim the protection of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. We conclude that plaintiff's acrophobia is not a handicap for which he may claim relief from discrimination, and we affirm the summary judgment in favor of defendant.

I.

The Department of Health and Human Services hired Louis P. Forrisi in February...

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