DOE v. MUTUAL OF OMAHA INS. CO.

No. 98 C 0325.

999 F.Supp. 1188 (1998)

John DOE and Richard Smith, Plaintiffs, v. MUTUAL OF OMAHA INSURANCE COMPANY, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

April 3, 1998.


Attorney(s) appearing for the Case

Stuart Irwin Graff, Schiff, Hardin & Waite, Chicago, IL, Ann H. Fisher, AIDS Legal Council of Chicago, Chicago, IL, Heather Chase Sawyer, Lambda Legal Defense & Education Fund, Inc., Chicago, IL, for Plaintiffs.

Joel H. Kaplan, Thomas James Piskorski, Cassandra L. Curry, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for Defendants.

Scott R. Lassar, U.S. Attorney, Northern District of Illinois, Joan Laser, Assistant U.S. Attorney, Northern District of Illinois, Chicago, IL, Bill Lann Lee, Acting Assistant Attorney, General Civil Rights Division, John L. Wodatch, L. Irene Bowen, Philip L. Breen, Alyse S. Bass, Civil Rights Division, Washington, DC, for U.S. as Amicus Curiae.


MEMORANDUM OPINION AND ORDER

CONLON, District Judge.

John Doe ("Doe") and Richard Smith ("Smith") ("plaintiffs") bring a two count complaint against Mutual of Omaha Insurance Company ("Mutual").1 The claims arise from plaintiffs' purchase of individual health insurance policies from Mutual. Count I alleges disability discrimination in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101...

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