DOE BY LAVERY v. ATTORNEY GENERAL OF THE U.S.

No. 93-15253.

44 F.3d 715 (1995)

John DOE, M.D., by Curtis LAVERY, Executor of his Estate, Plaintiff-Appellant, v. ATTORNEY GENERAL OF THE UNITED STATES, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion Filed August 30, 1994.

Opinion Withdrawn January 18, 1995.

Decided January 18, 1995.


Attorney(s) appearing for the Case

Matthew A. Coles, American Civil Liberties Union of Northern California, San Francisco, CA, for plaintiff-appellant.

Mark B. Stern and Deborah R. Kant, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Alice P. Mead, San Francisco, CA, for amicus.

Before: WALLACE, Chief Judge, O'SCANNLAIN, Circuit Judge, and KELLEHER, District Judge.


ORDER

The opinion filed in this case on August 30, 1994, reported at 34 F.3d 781 (9th Cir.1994), is withdrawn.

OPINION

WALLACE, Chief Judge:

The executor of Dr. Doe's estate appeals from the district court's judgment, after a nonjury trial, denying Dr. Doe's claim for damages under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Act). The district court had jurisdiction under 28 U.S...

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