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KIRKINGBURG v. ALBERTSON'S, INC.

No. 96-35002.

143 F.3d 1228 (1998)

Hallie KIRKINGBURG, Plaintiff-Appellant, v. ALBERTSON'S, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1998.

As Amended July 1, 1998.

Attorney(s) appearing for the Case

Scott N. Hunt (argued), Richard C. Busse, Busse & Hunt, Portland, Oregon, for the plaintiff-appellant.

Corbett Gordon, Portland, Oregon, for the defendant-appellee.

Before: GOODWIN, REINHARDT, and RYMER, Circuit Judges.

REINHARDT, Circuit Judge:

Hallie Kirkingburg, a monocular-visioned truck driver, filed an action in district court alleging that his employer, Albertson's, Inc. discriminated against him on account of his visual disability in violation of the Americans with Disabilities Act ("ADA" or "the Act"). 42 U.S.C. § 12112(a) (1994). Albertson's moved for summary judgment, arguing that Kirkingburg had not established a prima facie case under the ADA. The district court...

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