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CHMIELEWSKI v. XERMAC, INC.

Docket No. 106499, Calendar No. 15.

580 N.W.2d 817 (1998)

457 Mich. 593

Gary P. CHMIELEWSKI, Plaintiff-Appellant, v. XERMAC, INC., a Michigan Corporation Defendant-Appellee,

Supreme Court of Michigan.

Decided June 9, 1998.

Attorney(s) appearing for the Case

Malley & Fett, P.C. by James K. Fett and Marla A. Linderman, Ann Arbor, for plaintiff-appellant.

Kerr, Russell & Weber, P.L.C. by Daniel G. Beyer and Joseph K. Grekin, Detroit, for defendant-appellee.

Stewart R. Hakola, Lansing, Mary J. Michalak, and Gayle C. Rosen, Livonia, amicus curiae, for Michigan Protection & Advocacy Service.

MALLETT, Chief Justice.

This Handicappers' Civil Rights Act1 suit involves the question whether, in considering if a person has a condition that meets the act's definition of "handicap," the trier of fact should assess the individual without the benefit of medication or other mitigating measures, or if it should assess the individual's condition as it presently exists with the benefit of such measures. The act requires that to qualify...

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