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LIVINGSTON v. GUICE

No. 5:92CV131-MU.

855 F.Supp. 834 (1994)

Betty LIVINGSTON, Plaintiff, v. The Honorable Zoro J. GUICE, Jr., in his official capacity; State of North Carolina, Defendants.

United States District Court, W.D. North Carolina, Statesville Division.

June 15, 1994.

Attorney(s) appearing for the Case

John W. Gresham, Ferguson Stein Wallas Adkins Gresham & Sumter, Charlotte, NC, William G. Simpson, Jr., N.C.Civ. Liberties Union, Legal Foundation, Raleigh, NC, Adam Stein, Ferguson Stein Wallas Adkins Gresham & Sumter, Chapel Hill, NC, for plaintiff.

Lars F. Nance, N.C. Dept. of Justice, Raleigh, NC, for defendants.

Clifford C. Marshall, Asst. U.S. Atty., U.S. Attorney's Office, Asheville, NC, Mary Lou Mobley, U.S. Dept. of Justice, Civ. Rights Div., Public Access Section, Washington, DC, for amicus curiae U.S.

ORDER

MULLEN, District Judge.

THIS MATTER comes to the court upon Defendants' Motion to Dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, filed January 11, 1993. Plaintiff brought this action under Title II of the Americans with Disabilities Act ("ADA") and 42 U.S.C. § 1983,1 alleging actions by Defendant while under color of office as Senior...

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