WHITBECK v. VITAL SIGNS, INC.

No. 97-7206.

159 F.3d 1369 (1998)

Beverly A. WHITBECK, Appellant, v. VITAL SIGNS, INC., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 20, 1998.


Attorney(s) appearing for the Case

Michael G. Kane argued the cause for appellant. With him on the briefs were Vicki G. Golden and David R. Cashdan.

Pamela J. Moore argued the cause for appellee. With her on the brief was Paul J. Kennedy.

Before: EDWARDS, Chief Judge, ROGERS and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In this appeal from a jury verdict in favor of an employer in a disability discrimination suit, we once again face the question of whether and to what extent the employer may rely on the employee's application for and receipt of disability insurance benefits. Although we held in a previous case that the receipt of such benefits does not bar the employee's claim as a matter of law, we...

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