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RASCON v. U S WEST COMMUNICATIONS, INC.

No. 96-2194.

143 F.3d 1324 (1998)

Robert A. RASCON, Plaintiff-Appellee, v. U S WEST COMMUNICATIONS, INC., Defendant-Appellant, Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 6, 1998.

Attorney(s) appearing for the Case

E. Justin Pennington (Loretta Medina on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.

James E. Hautzinger (Heather Fox Vickles with him on the brief), Sherman & Howard, Denver, Colorado, for Defendant-Appellant.

C. Gregory Stewart, General Counsel; J. Ray Terry, Jr., Deputy General Counsel; Gwendolyn Young Reams, Associate General Counsel; Lorraine C. Davis, Assistant General Counsel and Robert J. Gregory, Attorney, Washington, DC, on the brief for Amicus Curiae Equal Employment Opportunity Commission.

Before EBEL, McWILLIAMS, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Following a bench trial, the district court entered judgment in favor of Mr. Rascon on his claim arising under the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213 (1995). U S West appeals, arguing that the district court erred in various respects. Finding no error, we affirm.

I. FACTS

Mr. Rascon suffers from posttraumatic stress disorder, presumably as a result of his service in Vietnam in 1968-69...

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