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E.E.O.C. v. HOSANNA-TABOR CHURCH AND SCHOOL

Nos. 09-1134, 09-1135.

597 F.3d 769 (2010)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant (09-1134), Cheryl Perich, Intervenor Plaintiff-Appellant (09-1135), v. HOSANNA-TABOR EVANGELICAL LUTHERAN CHURCH AND SCHOOL, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 9, 2010.

Attorney(s) appearing for the Case

ARGUED: Dori K. Bernstein, U.S. Equal Employment Opportunity Commission, Washington, D.C., James E. Roach, Vercruysse Murray & Calzone PC, Bingham Farms, Michigan, for Appellants. Deano C. Ware, Deano C. Ware, P.C., Redford, Michigan, for Appellee. ON BRIEF: Dori K. Bernstein, U.S. Equal Employment Opportunity Commission, Washington, D.C., James E. Roach, Vercruysse Murray & Calzone PC, Bingham Farms, Michigan, for Appellants. Deano C. Ware, Deano C. Ware, P.C., Redford, Michigan, for Appellee.

CLAY, J., delivered the opinion of the court, in which GUY, J., joined. WHITE, J. (pp. 782-84), delivered a separate concurring opinion.

OPINION

CLAY, Circuit Judge.

Plaintiffs, Equal Employment Opportunity Commission ("EEOC") and Cheryl Perich, appeal from the district court's order granting summary judgment in favor of Defendant Hosanna-Tabor Evangelical Lutheran Church and School ("Hosanna-Tabor") in this action alleging discrimination in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12117(a) (the "ADA"). For the reasons set forth below, we VACATE

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