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AUSTIN v. OWENS-BROCKWAY GLASS CONTAINER, INC.

Nos. 94-1213, 94-1265.

78 F.3d 875 (1996)

Linda AUSTIN, Plaintiff-Appellant, v. OWENS-BROCKWAY GLASS CONTAINER, INCORPORATED, Defendant-Appellee. Equal Employment Opportunity Commission; Equal Employment Advisory Council, Amici Curiae. Linda AUSTIN, Plaintiff-Appellee, v. OWENS-BROCKWAY GLASS CONTAINER, INCORPORATED, Defendant-Appellant. Equal Employment Opportunity Commission; Equal Employment Advisory Council, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1996.

Attorney(s) appearing for the Case

ARGUED: Barbara Rubin Hudson, Danville, Virginia, for Appellant. Karen Marie Moran, Office of General Counsel, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae EEOC. Thomas Michael Lucas, Mary Chapman Hamilton, Vandeventer, Black, Meredith & Martin, Norfolk, Virginia, for Appellee. ON BRIEF: James R. Neely, Jr., Deputy General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Samuel A. Marcosson, Office of General Counsel, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae EEOC. Robert L. O'Donnell, Vandeventer, BLACK, Meredith & Martin, Norfolk, Virginia, for Appellee. Douglas S. McDowell, Ann Elizabeth Reesman, McGuiness & Williams, Washington, DC, for Amicus Curiae Advisory Council.

Before WIDENER and HALL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Affirmed as modified and remanded by published opinion. Judge WIDENER wrote the majority opinion, in which Senior Judge CHAPMAN joined. Judge HALL wrote a dissenting opinion.

OPINION

WIDENER, Circuit Judge:

Linda Austin filed suit in the United States District Court for the Western District of Virginia against Owens-Brockway Glass Container, Inc., alleging violations of Title VII and the Americans with Disabilities Act (Disabilities Act or ADA)....

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