WILSON v. PHOENIX SPECIALTY MFG. CO., INC.

Nos. 06-1818, 06-1836.

513 F.3d 378 (2008)

Jimmy L. WILSON, Plaintiff-Appellee, v. PHOENIX SPECIALTY MANUFACTURING COMPANY, INCORPORATED, Defendant-Appellant. Jimmy L. Wilson, Plaintiff-Appellant, v. Phoenix Specialty Manufacturing Company, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2008.


Attorney(s) appearing for the Case

ARGUED: George Andrew Harper, Jackson & Lewis, L.L.P., Greenville, South Carolina, for Phoenix Specialty Manufacturing Company, Incorporated. Candy Maria Kern-Fuller, Danielson and Kern-Fuller Law Group, Piedmont, South Carolina, for Jimmy L. Wilson. ON BRIEF: Robert E. Hoskins, Foster Law Firm, L.L.P., Greenville, South Carolina; Victoria L. Eslinger, Nexsen Pruet, Columbia, South Carolina, for Jimmy. L. Wilson.

Before NIEMEYER and MICHAEL, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Judge MICHAEL wrote the majority opinion, in which Senior Judge ELLIS joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

Phoenix Specialty Manufacturing Company, Inc. (Phoenix) appeals the district court's determination, made after a bench trial, that the company terminated the employment of Jimmy Wilson because it regarded him as disabled...

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