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JUSTICE v. PENDLETON PLACE APARTMENTS

No. 93-5640.

40 F.3d 139 (1994)

Judy JUSTICE, Plaintiff-Appellant, v. PENDLETON PLACE APARTMENTS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 17, 1994.

Attorney(s) appearing for the Case

Wanda Turner Lee (argued and briefed), Memphis, TN, for plaintiff-appellant.

Robert L. Moore (argued and briefed), Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, TN, for defendants-appellees.

Before: MERRITT, Chief Judge; and MILBURN and SILER, Circuit Judges.

MERRITT, Chief Judge.

The basic question certified to us on appeal by the district court is whether the handicap discrimination provisions of the Fair Housing Act and the Rehabilitation Act permit recovery of damages for personal injury, but the question is presented in a round-about way through the district court's handling of plaintiff's state law negligence per se claim.

Plaintiff brought suit for handicap discrimination on three legal theories,...

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