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E.E.O.C. v. PREVO'S FAMILY MARKET, INC.

No. 97-1001.

135 F.3d 1089 (1998)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. PREVO'S FAMILY MARKET, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1998.

Attorney(s) appearing for the Case

Craig H. Lubben (argued and briefed), Elizabeth M. McIntyre (briefed), Miller, Johnson, Snell & Cummiskey, Kalamazoo, MI, for Defendant-Appellant.

Paul D. Ramshaw (argued and briefed), Equal Employment Opportunity Commission, Washington, DC, for Plaintiff-Appellee.

Before: SUHRHEINRICH, MOORE, and CLAY, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. MOORE, J. (pp. 1098-1104), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

In this case involving the Americans with Disabilities Act (ADA), defendant, Prevo's Family Market, Inc., (Prevo's) appeals the district court's order on motion by plaintiff, Equal Employment Opportunity Commission (EEOC), for summary judgment on the issue of liability and...

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