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GRIFFIN v. UNITED PARCEL SERVICE, INC.

No. 10-30854.

661 F.3d 216 (2011)

Rommel E. GRIFFIN, Sr., Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 19, 2011.

Attorney(s) appearing for the Case

Lisa Brener (argued), Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Plaintiff-Appellant.

Kim Maria Boyle (argued), Brandon E. Davis , David Matthew Korn , Phelps Dunbar, L.L.P., New Orleans, LA, Defendant-Appellee.

Elizabeth Ellen Theran (argued), U.S. Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae Equal Employment Opportunity Commission.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Plaintiff-Appellant, Rommel E. Griffin, Sr., brought suit under the Americans with Disabilities Act (ADA) against Defendant-Appellee, United Parcel Service (UPS), for failing to provide a reasonable employment accommodation in consideration of his diabetes. The district court entered summary judgment in favor of UPS. As Griffin is not disabled within the meaning of the ADA, and as UPS did not refuse to provide a reasonable accommodation...

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