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[[underlined]] CASES PREVIOUSLY REPORTED: [[/underlined]]

2. [[underlined]] Solomon v. Secretary, Smithsonian Institution [[/underlined]]

This suit was filed in the U.S. District Court for the District of Columbia on August 11, 1988. Plaintiff, who is employed as a Management Assistant in the Smithsonian's Management Analysis Office, alleged discrimination on the basis of her handicap (stuttering) and reprisal in her non-selection for promotion, a two-day suspension, and a failure to reasonably accommodate her handicap through modifications to her workplace. Plaintiff sought retroactive promotion, back pay, voidance of her suspension, expunging of her records, and award of attorneys' fees. An administrative hearing before the Equal Employment Opportunity Commission found no discrimination or reprisal, but did find that the Institution's modifications to plaintiff's workplace were not adequate, and corrective actions were taken. Following the trial in this case on May 12, 14, and 15, 1989, a ruling from the bench in favor of the Smithsonian was entered and an order entering judgment was signed on June 21, 1989. A notice of appeal has been filed by the plaintiff with the U.S. Court of Appeals for the District of Columbia Circuit.

There have been no significant developments in the following cases, which have been reported previously to the Board:

3. [[underlined]] Beatty v. Smithsonian Institution, et al. [[/underlined]] (contest of the Last Will and Testament of Florence F. Evans. Item SEVENTH of which bequeaths to the Smithsonian Institution certain Indian relics purported to have belonged to Chief Sitting Bull) - Filed September 3, 1987, in the Common Pleas Court (Probate Division) of Jackson County, Ohio, by the heirs of the Testatrix. No formal appearance by the Smithsonian entered, as the Institution has no knowledge of the principal matters at issue in the proceeding. SI is being kept informed of developments by the executor of and counsel for the estate.

4. [[underlined]] In re the Estate of William H. Burnette [[/underlined]] (petition for instructions as to the proper distribution of certain art work and WWI memorabilia bequeathed to the SI Anacostia Museum) - Filed January 1986 in the Probate Division of the Superior Court of the District of Columbia. Settlement negotiations are in progress.

5. [[underlined]] Dickson v. Smithsonian Institution [[/underlined]] (discrimination on the basis of his race (white)) - Filed September 15, 1986, in the U.S. District Court for the District of Columbia. Plaintiff, who was temporarily employed as a guard in the Office of Protection Services, seeks reinstatement with full back pay and benefits and attorneys' fees. A motion to amend complaint was filed on July 29, 1988, and was granted. The amended complaint was filed; an amended motion to dismiss or for summary judgment also was filed and is pending.

6. [[underlined]] Elliott v. United States [[/underlined]] (tort claim for injuries allegedly sustained by plaintiff's minor daughter on May 1, 1987, from a fall from "Uncle Beasley") - Filed September 27, 1988, in the U.S. District Court for the District of Columbia. Plaintiff seeks $250,000 in damages. Pre-trial discovery is proceeding. A status hearing is scheduled for October 10, 1989.