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FREED v. CONSOLIDATED RAIL CORPORATION

No. 99-3191.

201 F.3d 188 (2000)

Janice FREED, Appellant, v. CONSOLIDATED RAIL CORPORATION.

United States Court of Appeals, Third Circuit.

Filed January 10, 2000.

Attorney(s) appearing for the Case

Mark T. Wade, Peirce, Raimond, Osterhout, Wade, Carlson & Coulter, Pittsburgh, PA, Joseph M. Sellers (Argued), Suzette M. Malveaux, Deborah J. Vagins, Cohen, Milstein, Hausfeld & Toll, Washington, DC, for Appellant.

Thomas H. May (Argued), Dickie, McCamey & Chilcote Pittsburgh, PA, for Appellee.

Corbett Anderson, McGuiness, Norris & Williams, Washington, DC, for Amicus-Appellee Equal Employment Advisory Council.

Before: SLOVITER, MANSMANN, and ROTH, Circuit Judges,

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Plaintiff Janice Freed appeals from the order dismissing her claim against the Consolidated Rail Corporation ("Conrail") under the Rehabilitation Act for failure to exhaust her administrative remedies. Her appeal requires that we decide whether a plaintiff must exhaust administrative remedies prior to bringing suit under section 504 of the Rehabilitation Act against a private recipient of federal funds.

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