August GONZALES, as Administrator of the Estate of Timothy Bourgeois, deceased, Plaintiff-Appellant,
v.
GARNER FOOD SERVICES, INC.; Willis Corroon Administrative Services Corporation; Willis Corroon Corporation of Georgia, Defendants,
Garner Fast Foods, Inc., Defendant-Appellee,
American Association of Retired Persons (AARP); Equal Employment Opportunity Commission (EEOC); American Medical Association, American Public Health Association, American Foundation for AIDS Research, Gay Men's Health Crisis; American Civil Liberties Union, the ARC, Gay and Lesbian Advocates and Defenders, Inc., National Alliance for the Mentally Ill, National Association of People With AIDS, National Association of Protection and Advocacy Systems, National Minority AIDS Council, Equal Employment Advisory Council, Amici Curiae.
United States Court of Appeals, Eleventh Circuit.https://leagle.com/images/logo.png
August 2, 1996.
August 2, 1996.
Attorney(s) appearing for the Case
Sharon Nelson Hill, Milton Dale Rowan, "Chip", Koval & Rowan, P.C., Atlanta, GA, for appellant.
Edward Copeland, NY Lawyers for the Public Interest, Inc., New York City, amici curiae for Am. Civil Liberties Union.
Sally Dunaway, Washington, DC, amicus curiae for Am. Assoc. of Retired Persons.
Carolyn L. Wheeler, Mary L. Clark, Office of the General Counsel, Washington, DC, amici curiae for EEOC.
Eric Brandt Reuss, Office of Eric Brandt Reuss, Atlanta, GA, for appellee Garner.
Before ANDERSON and BLACK, Circuit Judges, and HENDERSON, Senior Circuit Judge.
United States Court of Appeals, Eleventh Circuit.
BLACK, Circuit Judge:
Appellant August Gonzales filed this action under Title I of the Americans With Disabilities Act of 1990 (ADA),1 alleging that Defendants discriminated against a former employee, Timothy Bourgeois, by imposing a cap for AIDS-related treatment on health insurance benefit coverage Bourgeois elected to continue following his termination. The district court granted a motion to dismiss jointly filed by Garner Fast Foods...
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