Leonard C. McNEMAR, Appellant,
v.
The DISNEY STORE, INC., Appellee.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 11, 1996.
Decided July 31, 1996.
Attorney(s) appearing for the Case
Alan B. Epstein (argued), Jablon Epstein Wolf & Drucker, Philadelphia, PA, for Leonard C. McNemar.
Anthony B. Haller (argued), Jill G. Weitz, Pepper, Hamilton & Scheetz, Philadelphia, PA, for The Disney Store, Inc.
Vicki Laden, Legal Aid Society of San Francisco, San Francisco, CA, for amicus curiae, The Employment Law Center, The Lambda Legal Defense and Education Fund, The Aids Law Project of Pennsylvania, and The Disability Rights Education and Defense Fund, Inc.
Stephen M. Koslow, American Association of Retired Persons, Washington, DC, for amicus curiae, The American Association of Retired Persons.
Richard M. Schall, Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, Haddonfield, NJ, for amicus curiae New Jersey Employment Lawyers' Association.
Robert J. Gregory (argued), Washington, DC, for amicus curiae Equal Employment Opportunity Commission.
Michael J. Ossip, Morgan, Lewis & Bockius, Philadelphia, PA, for amicus curiae The Chamber of Commerce of the United States of America.
Ann E. Reesman, McGuiness & Williams, Washington, DC, for amicus curiae The Equal Employment Advisory Council.
Before: STAPLETON, GREENBERG and ALDISERT, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ALDISERT, Circuit Judge.
Under the particular facts presented here we must decide whether the teachings of Ryan Operations G.P. v. Santiam-Midwest Lumber Co.,81 F.3d 355 (3d Cir.1996), may be applied in this case to invoke the doctrine of judicial estoppel. Specifically, we must decide whether Appellant is judicially estopped from contending that he is a "`qualified
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