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TALAVERA v. SCHOOL BOARD OF PALM BEACH COUNTY

No. 96-4756.

129 F.3d 1214 (1997)

Rosanna TALAVERA, Gerard Talavera, Plaintiffs-Appellants, v. SCHOOL BOARD OF PALM BEACH COUNTY, Anabelle Hart, individually and in her official capacity as Guidance Coordinator for Atlantic High School, James D. Williams, individually and in his official capacity as Assistant Principal at Atlantic High School, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 24, 1997.

Attorney(s) appearing for the Case

Randy D. Ellison, West Palm Beach, FL, for Plaintiffs-Appellants.

Robert J. Gregory, EEOC, Washington, DC, for Amicus EEOC.

Dominick D. Faraci, Palm Beach Gardens, FL, Philip Parrish, Stephens, Lynn, Klein & McNicholas, Miami, FL, for Defendants-Appellees.

Before ANDERSON, DUBINA and CARNES, Circuit Judges.

DUBINA, Circuit Judge:

This appeal presents an issue of first impression in this circuit: does a plaintiff's certification on an application for social security disability benefits that she is totally disabled bar her from asserting in a subsequent claim under the Americans With Disabilities Act that she is capable, with reasonable accommodation, of performing the essential functions of her job? We join the majority of our sister circuits and answer the question in...

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