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LOWE v. ANGELO'S ITALIAN FOODS, INC.

No. 95-3064.

87 F.3d 1170 (1996)

Jamie LOWE, Plaintiff-Appellant, v. ANGELO'S ITALIAN FOODS, INC., and its Representatives, and Angelo Fasciano and John P. Fasciano, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 2, 1996.

Attorney(s) appearing for the Case

José Hurlstone-Peggs (William L. Fry with her on the brief), William L. Fry, P.A., Wichita, Kansas, for Plaintiff-Appellant.

Alexander B. Mitchell, II, Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, Kansas, for Defendants-Appellees.

John P. Rowe, General Counsel (Acting), (Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, John F. Suhre, Attorney, with him on the brief), Washington, D.C., filed an amicus curiae brief for the Equal Employment Opportunity Commission.

Before BALDOCK, BRISCOE, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Defendant terminated plaintiff's employment and plaintiff responded by filing this action, alleging violations of both the Americans with Disabilities Act ("ADA") and Title VII of the Civil Rights Act of 1964. Plaintiff also sought recovery for intentional infliction of emotional distress. The district court granted summary judgment to defendants. The court held that plaintiff was not disabled under the ADA; that she had failed to present a...

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