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BURCH v. COCA-COLA CO.

No. 95-10990.

119 F.3d 305 (1997)

Robert P. BURCH, Plaintiff-Appellee-Cross-Appellant, v. COCA-COLA CO., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 30, 1997.

Attorney(s) appearing for the Case

Vella M. Fink, Pittman & Fink, Austin, TX, Jennifer Judin, Downs, Judin & Stanford, Dallas, TX, for Plaintiff-Appellee-Cross-Appellant.

Nancy L. Abell, Paul, Hastings, Janofsky & Walker, Santa Monica, CA, John Stuart Tonkinson, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, W. Joseph Thesing, Jr., The Coca-Cola Company, Litigation Division, Atlanta, GA, for Defendant-Appellant-Cross-Appellee.

Ellen Duffy McKay, Ann Elizabeth Reesman, McGuiness & Williams, Stephen A. Bokat, Robert E. Williams, Washington, DC, for Amicus Curaie, Equal Employment Advisory Council, and Chamber of Commerce of the United States of America (Chamber).

Gail S. Coleman, Equal Employment Opportunity Commission, Office of the General Counsel, Washington, DC, for Equal Employment Opportunity Commission, Amicus Curaie.

Ellen M. Weber, Legal Action Center, Washington, DC, Paul N. Samuels, Sally Beth Friedman, Legal Action Center, New York City, for Amicus Curiae, National Council on Alcoholism and Drug Dependence and the Association of Substance Abuse Service Providers of Texas.

Before GARWOOD, WIENER and DeMOSS, Circuit Judges.

GARWOOD, Circuit Judge:

Plaintiff-appellee-cross-appellant Robert P. Burch (Burch) brought this suit under the Americans with Disabilities Act (ADA) asserting that his termination by his employer defendant-appellant-cross-appellee Coca-Cola Co. was in violation of the ADA. Burch also advanced Texas law claims of intentional infliction of emotional distress and defamation. The trial court granted Coca-Cola's motion for summary judgment on the state law claims and granted...

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