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SMITH v. NATIONAL STEEL & SHIPBUILDING CO.

No. 96-55281.

125 F.3d 751 (1997)

Oscar SMITH; Mark Driscoll; John Paraskevopoulos; George Lopez; Juan P. Cubillas; Juan Marquez; Michael Ray Nash; Hector Manuel Navarro; Steve Harding; Irma Camacho; Irma Durazo; William N. Jordan; Stanley E. Turner; Romeo Deleon; Francisco Barron; Oscar Nevarez; Robert J. Gill; Eduardo Lencioni; Perry Mastaw; Antonio Moralez; Rodney Ramseyer; Mario Castro; and Norris Fishman, Plaintiffs-Appellants, v. NATIONAL STEEL & SHIPBUILDING COMPANY, Does 1-500, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1997.

Attorney(s) appearing for the Case

Irvin M. Zalkin, San Diego, California, for plaintiffs-appellants.

William C. Wright and Van A. Goodwin, San Diego, California, for defendant-appellee.

Before: BROWNING and KLEINFELD, Circuit Judges, and MERHIGE, Senior District Judge.

MERHIGE, Senior District Judge:

Plaintiffs-Appellants ("Plaintiffs") are twenty-four former employees of Defendant-Appellee, National Steel & Shipbuilding Company ("NASSCO"). Plaintiffs brought two separate civil actions which were consolidated in the Southern District of California. The suits alleged that NASSCO's implementation of a new layoff policy violated the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") as well as the California...

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