
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, September 30, 1994                   TAG: 9409300056
SECTION: VIRGINIA                    PAGE: B-3   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                 LENGTH: Short

VA. DIABETIC SEEKS RETURN TO ACADEMY

A Virginia man who was kicked out of the Merchant Marine Academy for having diabetes should be readmitted, his attorney argues, because the government has allowed people with other disabilities to complete their educations there.

But the government claimed that because James Griffin Lane's diabetes disqualifies him from obtaining a commission in the armed forces reserves, the 22-year-old resident of Vienna, Va., is not eligible to attend the academy.

``There is nothing in the statute that says every student must serve in the reserves,'' attorney Daniel B. Kohrman argued Thursday in U.S. District Court.

``They've given exceptions to people who less could serve the interests of the United States.''

Patricia M. Russotto, a lawyer for the Department of Transportation, which operates the school, argued that the law does require all Merchant Marine Academy graduates to obtain commissions in the reserves.

But U.S. District Judge Charles Richey noted that the academy has made exceptions for students who suffered from colorblindness or who lost limbs or eyes while they were cadets.

``On the other hand, you've made no accommodation for this cadet named Lane,'' he said.

by CNB