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FRANK v. STATE OF NEW YORK

Nos. 95-CV-399 to 95-CV-401.

972 F.Supp. 130 (1997)

Kathleen FRANK, Plaintiff, v. STATE OF NEW YORK, et. al., Defendants. Gretchen PUSEY, Plaintiff, v. STATE OF NEW YORK, et. al., Defendants. Mary Elizabeth BEAUDOIN, Plaintiff, v. STATE OF NEW YORK, et. al., Defendants.

United States District Court, N.D. New York.

July 15, 1997.

Attorney(s) appearing for the Case

Maynard, O'Connor, Smith, Catalinotto & D'Agostino,Albany, NY (Brendan F. Baynes, of counsel), for Plaintiffs.

Law Office of Peter Henner, Clarksville, NY (Peter Henner, of counsel), for Defendant Paul Greenberg.

Dennis C. Vacco, Attorney General of the State of New York, Albany, NY (Karen Marcoux Mankes, Asst. Attorney General, of counsel), for Defendant State of New York and Other Defendants.

MEMORANDUM, DECISION AND ORDER

McAVOY, Chief Judge.

This case presents the question of whether expert testimony concerning "multiple chemical sensitivity" ("MCS") is inadmissible as a matter of law under the Federal Rules of Evidence in an action brought pursuant to the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA").

I. BACKGROUND

Plaintiffs in these consolidated actions are former employees of defendant...

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