FLEMING v. NEW YORK UNIVERSITY

No. 368, Docket 87-7954.

865 F.2d 478 (1989)

Kevin FLEMING, Plaintiff-Appellant, v. NEW YORK UNIVERSITY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 6, 1989.


Attorney(s) appearing for the Case

Kipp Elliott Watson, New York City, for plaintiff-appellant.

Terrance J. Nolan, New York City (S. Andrew Schaffer, on the brief), for defendant-appellee.

Before VAN GRAAFEILAND and ALTIMARI, Circuit Judges, and MUKASEY, District Judge.


MUKASEY, District Judge:

Appellant Kevin Fleming, a former student at New York University who is handicapped and must use a wheelchair, began this suit in 1985, alleging that the University had overcharged him for his dormitory room during his undergraduate and graduate years, and thus violated § 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Supp. IV 1986). Appellant also sought a preliminary injunction requiring the University to issue...

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