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PENNY v. UNITED PARCEL SERVICE

No. 96-3890.

128 F.3d 408 (1997)

James R. PENNY, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 22, 1997.

Attorney(s) appearing for the Case

Ivan L. Tamarkin (argued and briefed), Cincinnati, OH, for Plaintiff-Appellant.

Michael C. Lueder (argued and briefed), Kerry P. Hastings, Taft, Stettinius & Hollister, Cincinnati, OH, for Defendant-Appellee.

Before: LIVELY, KENNEDY, and NORRIS, Circuit Judges.

LIVELY, Circuit Judge.

The plaintiff, James R. Penny, appeals from the district court order granting the defendant's motion for summary judgment in this case brought under the Americans with Disabilities Act (ADA). The defendant, United Parcel Service (UPS), moved for dismissal in the district court for lack of subject matter jurisdiction and now seeks dismissal of this appeal on that ground. Upon consideration, this court concludes that we do have jurisdiction over...

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