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CLARK v. SKINNER

No. 90-3512.

937 F.2d 123 (1991)

John P. CLARK, Plaintiff-Appellant, v. Samuel K. SKINNER, Secretary of Transportation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 19, 1991.

As Amended July 11, 1991.

Attorney(s) appearing for the Case

Judith G. Behar, argued, Greensboro, N.C., for plaintiff-appellant.

Thomas Patrick Holian, U.S. Dept. of Transp., argued, Washington, D.C. (Robert H. Edmunds, Jr., U.S. Atty., Benjamin H. White, Jr., and Richard L. Robertson, Asst. U.S. Attys., on brief, Greensboro, N.C.), for defendant-appellee.

Before SPROUSE and WILKINSON, Circuit Judges, and GODBOLD, Senior United States Circuit Judge for the Eleventh Circuit, sitting by designation.

SPROUSE, Circuit Judge:

John Clark, a handicapped truck driver, filed suit against the Secretary of Transportation in district court challenging a waiver regulation promulgated by the Federal Highway Administration ("FHWA").1 Clark's suit alleged violation of the Fifth Amendment due process and equal protection guarantees and the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq. The district court dismissed the suit...

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