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PARKER v. METROPOLITAN LIFE INS. CO.

No. 95-5269.

99 F.3d 181 (1996)

Ouida Sue PARKER, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Schering-Plough Corporation, and Schering-Plough Health Care Products, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 25, 1996.

Attorney(s) appearing for the Case

Roger K. Rutledge (briefed), Kaye G. Burson (argued and briefed), Memphis, TN, for Ouida Sue Parker.

Joseph Trovato (briefed), New York City, John J. Heflin, Rickey, Bourland, Heflin & Alvarez, Memphis, TN, Alan E. Lazarescu, Allan M. Marcus (argued and briefed), New York City, for Metropolitan Life Insurance Co.

Frederick J. Lewis (argued and briefed), Rhonda M. Taylor (briefed), McKnight, Hudson, Lewis & Henderson, Memphis, TN, for Schering-Plough Corporation, Schering-Plough Health Care Products, Inc.

Caroline G. LaCheen (briefed), New York Lawyers for the Public Interest, New York City, for AIDS Action Council, American Foundation for AIDS Research, American Public Health Association, National Alliance for the Mentally Ill, National Association of Protection and Advocacy Systems, National Minority AIDS Council, Amici Curiae.

Ann E. Reesman (briefed), McGuiness & Williams, Washington, DC, Gail S. Coleman (briefed), Mary L. Clark (argued), Office of the General Counsel, Washington, DC, for Equal Employment Advisory Council, Amicus Curiae.

Before: MERRITT and MILBURN, Circuit Judges; and O'MALLEY, District Judge.

MERRITT, Circuit Judge.

Plaintiff filed this action against her employer, Schering-Plough, and her employer's insurance company, Metropolitan Life, under the Americans with Disabilities Act ("Disabilities Act" or "the Act"), 42 U.S.C. §§ 12101-12213, and the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461. After working for Schering for nine years, the Plaintiff became totally disabled due to "severe depression." Under...

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