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PENA v. HOUSTON LIGHTING & POWER CO.

No. 97-41310 Summary Calendar.

154 F.3d 267 (1998)

David J. PENA, Plaintiff-Appellant, v. HOUSTON LIGHTING & POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 1998.

Attorney(s) appearing for the Case

Oscar Freer Jones, III, Michael Dwayne Seale, Law Office of O.F. Jones, III, Victoria, TX, for Plaintiff-Appellant.

L. Chapman Smith, Mark Gregory Artlip, Baker & Botts, Houston, TX, for Defendant-Appellee.

Before EMILIO M. GARZA, DeMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:

David Pena brought suit against Houston Lighting & Power Company (HL & P), alleging violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Texas Commission on Human Rights Act ("TCHRA"), TEX. LAB.CODE ANN. § 21.051 et seq. The district court granted summary judgment in favor of HL & P, holding that Pena was estopped from arguing that he was able to perform the essential functions...

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