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DeVITO v. CHICAGO PARK DIST.

No. 95-2568.

83 F.3d 878 (1996)

Nicholas DEVITO, Plaintiff-Appellant, v. CHICAGO PARK DISTRICT and Personnel Board of the Chicago Park District, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 9, 1996.

Attorney(s) appearing for the Case

Robert A. Wolf (argued), Hinsdale, IL, for Plaintiff-Appellant.

Nelson A. Brown, Jr. (argued), Chicago, IL, for Defendants-Appellees.

Before COFFEY, FLAUM and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

Nicholas DeVito filed suit against the Chicago Park District and its Personnel Board under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., alleging that the Park District fired him because he had suffered a job-related back injury. The defendants contend that (1) DeVito was not protected by the ADA because he was not an "employee" or a qualified applicant for employment at the time of the alleged discriminatory...

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