TRAGESER

v.

LIBBIE REHABILITATION CENTER, INC., T/A LIBBIE CONVALESCENT HOME

Citator

Cited By (21 total)

• Valentin Hernandez v. State, 397 So. 2d 435 (Fla. 3d DCA 1981)
  …ed. Castaneda v. Partida, 430 U.S. 482, 97 S.Ct. 1272, 51 L.Ed.2d 498 (1977) sets forth the test to establish discrimination in the makeup of the grand jury. It was succinctly stated in United States v. Lopez, 588 F. 2d 450 (5th Cir.), cert. denied, 442 U.S. 947, 99 S.Ct. 2895, 61 L.Ed.2d 319 (1979) that: In order to establish a prima facie case of discrimination in the selection of jurors, a defendant must show (1) that the group allegedly discriminated against “is one that is a recognizable, distinct cla…
• Consol. Rail Corp. v. Darrone, 465 U.S. 624 (U.S. 1984)
  …ilroad, and then Conrail, had refused to employ him although it had no justification for finding him unfit to work. The District Court, following the decision of Trageser v. Libbie Rehabilitation Center, Inc., 590 F. 2d 87 (CA4 1978), cert. denied, 442 U. S. 947 (1979), granted petitioner’s motion for summary judgment on the ground that the plaintiff did not have “standing” to bring a private action under § 504. LeStrange v. Consolidated Rail Corporation, 501 F. Supp. 964 (MD Pa. 1980).3 In Trageser, the Fo…
• Rogers v. Fritolay, 611 F.2d 1074 (5th Cir. 1980)
  …184 (3d Cir. 1977); Kampmeier v. Nyquist, 553 F. 2d 296 (2nd Cir. 1977); Lloyd v. Regional Transportation Authority, 548 F. 2d 1277 (7th Cir. 1977). But see Tragser v. Libbie Rehabilitation Center, Inc., 590 F. 2d 87 (4th Cir. 1978), cert. denied, 442 U.S. 947, 99 S.Ct. 2895, 61 L.Ed.2d 318 (1979) (no private right of action to challenge employment discrimination under § 504). In reversing Davis, supra, the Supreme Court pretermitted the implied right of action issue. See 99 S.Ct. at 2366 n.5. Section…