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SMITH v. LAKE CITY NURSING HOME

Civ. No. 3-90-486.

771 F.Supp. 985 (1991)

Elizabeth M. SMITH, Plaintiff, v. LAKE CITY NURSING HOME, City of Lake City, Richard Abraham, and Donna Van Loon, Defendants.

United States District Court, D. Minnesota, Third Division.

August 30, 1991.

Attorney(s) appearing for the Case

Jeff M. Zalasky, Minneapolis, Minn., for defendants City of Lake City, Lake City Nursing Home, Robert Abraham and Donna Van Loon.

Joseph D. Vass, Maplewood, Minn., for plaintiff Elizabeth M. Smith.

MEMORANDUM AND ORDER

RENNER, District Judge.

BACKGROUND

This motion for summary judgment raises the issues of whether the acceptance of workers compensation or the failure to exhaust administrative remedies bars recovery for disability discrimination under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794.

Lake City Nursing Home employed Elizabeth Smith as a licensed practical nurse. The City of Lake City is a municipality in...

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