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SCHAEFER v. STATE INS. FUND

Docket No. 99-7619.

207 F.3d 139 (2000)

Regina A. SCHAEFER, Plaintiff-Appellee, v. The STATE INSURANCE FUND, Defendant-Appellant, Martin A. Fischer, Esq., as Chairman of the Board of Directors of the State Insurance Fund, Cecelia E. Norat, as Executive Director of the State Insurance Fund, Raymond C. Green, as Attorney General of the State Insurance Fund, the State of New York, and Albert K. Dimeglio, individually and officially, Defendants.

United States Court of Appeals, Second Circuit.

Decided March 22, 2000.

Attorney(s) appearing for the Case

Eileen H. Persky, Oceanside, N.Y., for Plaintiff-Appellee.

Mark Gimpel, Deputy Solicitor General of the State of New York (Robert A. Forte and Edward Johnson, Assistant Attorneys General, and Eliot Spitzer, Attorney General, on the brief), New York, N.Y., for Defendant-Appellant.

Bill Lann Lee, Acting Assistant Attorney General, and Jessica Dunsay Silver and Timothy J. Moran, Attorneys, U.S. Department of Justice, Washington, D.C., for amicus curiae United States.

Before: WALKER, CABRANES, and PARKER, Circuit Judges.

PER CURIAM.

Plaintiff-appellee Regina Schaefer was diagnosed with diabetes in March of 1991. She has a type of diabetes called "insulin-independent," meaning that it can be treated without insulin injections using instead dietary restrictions and oral medication that does not contain insulin.1

In April of 1991, Schaefer was dismissed from her job as an office clerk at the New York Office...

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