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MONDZELEWSKI v. PATHMARK STORES, INC.

No. 97-7475.

162 F.3d 778 (1998)

Joseph A. MONDZELEWSKI, Rebecca Mondzelewski, Appellants, v. PATHMARK STORES, INC., Supermarkets General Corp., Appellee.

United States Court of Appeals, Third Circuit.

Decided December 23, 1998.

Attorney(s) appearing for the Case

Gary W. Aber (Argued), Heiman, Aber & Goldlust, Wilmington, DE, Counsel for Appellants.

C. Gregory Stewart, Philip B. Sklover, Lorraine C. Davis, Robert J. Gregory, Equal Employment Opportunity Commission, Washington, DC, Counsel for Amicus-Appellant.

Debbie Rodman Sandler (Argued), White and Williams LLP, Philadelphia, PA, Hal R. Crane, Of Counsel, Pathmark Stores, Woodbridge, NJ, Counsel for Appellees.

Before: SLOVITER, SCIRICA, and ALITO, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Joseph A. Mondzelewski ("Mondzelewski") and his wife, Rebecca Mondzelewski, sued Pathmark Stores, Inc., and Supermarkets General Corp. (collectively, "Pathmark"), asserting claims under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (the "ADA"), and Delaware law. The District Court granted summary judgment for Pathmark and declined to...

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