No. 96-15690.

127 F.3d 1150 (1997)

Rick SUMMERS, Plaintiff-Appellant, v. A. TEICHERT & SON, INC., a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 28, 1997.

Attorney(s) appearing for the Case

Timothy M. Smith and Evan Eickmeyer, McKinley & Smith, Sacramento, California, for plaintiff-appellant.

Franklin G. Gumpert, Barkett, Gumpert & Reiner, Sacramento, California, for defendant-appellee.

Before: HUG, Chief Judge, CHOY and HAWKINS, Circuit Judges.

CHOY, Circuit Judge:

Plaintiff-appellant Rick Summer appeals the summary judgment granted in favor of defendant-appellee A. Teichert & Son, Inc. The district court found that there are no triable issues of fact as to whether Summers is a qualified person with a disability under the Americans with Disabilities Act, and that in any event, any failure on the part of Teichert to accommodate Summers was justified by business necessity. We have jurisdiction under 28...

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