MARTINSON v. KINNEY SHOE CORP.

Nos. 96-1555, 96-1556.

104 F.3d 683 (1997)

Harald E. MARTINSON, II, Plaintiff-Appellant, and Equal Employment Opportunity Commission, Plaintiff, v. KINNEY SHOE CORPORATION, Defendant-Appellee. Epilepsy Foundation of America; Disability Rights Council of Greater Washington, D.C., Amici Curiae. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, and Harald E. Martinson, II, Plaintiff, v. KINNEY SHOE CORPORATION, Defendant-Appellee. Epilepsy Foundation of America; Disability Rights Council of Greater Washington, D.C., Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1997.


Attorney(s) appearing for the Case

ARGUED: Karen Marie Moran, Office of General Counsel, Equal Employment Opportunity Commission, Washington, DC, for Appellant EEOC; Jesse James Richardson, Jr., Law Offices Of Jesse J. Richardson, Jr., P.C., Winchester, Virginia, for Appellant Martinson. Alexander Neal Barkus, Hunton & Williams, Washington, DC, for Appellee. ON BRIEF: C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Office of General Counsel, Equal Employment Opportunity Commission, Washington, DC, for Appellant EEOC. E. Eugene Gunter, Winchester, Virginia, for Appellant Martinson. Thomas J. Flaherty, David A. Walsh, Elizabeth C. Smith, Hunton & Williams, McLean, Virginia, for Appellee. Robert A. Long, Jr., Covington & Burling, Washington, DC; Alexandra K. Finucane, Vice President for Legal Affairs, The Epilepsy Foundation of America, Landover, Maryland; Marc Fiedler, President, The Disability Rights Council Of Greater Washington, D.C., Washington, DC, for Amici Curiae.

Before RUSSELL, MICHAEL, and MOTZ, Circuit Judges.


Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge RUSSELL and Judge MICHAEL joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The district court concluded that an employer did not violate the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (1994), when it discharged a shoe salesman who suffered from epilepsy. EEOC v. Kinney Shoe Corp., 917 F.Supp. 419 (W.D...

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