Leroy Gilbert v. Anthony M. Frank, in His Capacity as Postmaster General of the United States Postal Service
Court of Appeals for the Second Circuit
1Opinion of the Court
KEARSE, Circuit Judge:
Plaintiff Leroy Gilbert appeals from a final judgment of the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, dismissing his complaint alleging that defendant Anthony M. Frank, in his capacity as Postmaster General of the United States Postal Service (“Postal Service”), discriminated against him in employment because of his physical handicap, in violation of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. (1988) (the “Act”). Following a bench trial of issues as to liability, the district court found that,…
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