ARNOLD v. UNITED PARCEL SERVICE, INC.

No. 97-1781.

136 F.3d 854 (1998)

Glen ARNOLD, Plaintiff, Appellant, v. UNITED PARCEL SERVICE, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 20, 1998.


Attorney(s) appearing for the Case

Peter L. Thompson, Franfort, KY, with whom Law Offices of Ronald Coles, were on brief, for appellant.

Barbara L. Sloan, with whom C. Gregory Stewart, General Counsel, J. Ray Terry, Jr., Deputy General Counsel, Memphis, TN, Gwendolyn Young Reams, Associate General Counsel, Washington, DC, and Vincent J. Blackwood, Assistant General Counsel, Washington, DC, were on brief, for Equal Employment Opportunity Commission, amicus curiae.

Charles W. March, Sunenblick, Reben, Benjamin & March, Portland, ME, on brief, for American Diabetes Association, amicus curiae.

S. Mason Pratt, Jr., Portland, ME, with whom Catherine R. Connors, Brent G.T. Geraty, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, ME, were on brief, for appellee.

Loretta M. Smith, Winthrop, MA, on brief, for New England Legal Foundation, amicus curiae.

Before STAHL, Circuit Judge, ALDRICH and BOWNES, Senior Circuit Judges.


BOWNES, Senior Circuit Judge.

Glen Arnold brought this action against United Parcel Service, Inc. (UPS), alleging that UPS refused to hire him because of his disability, diabetes mellitus, in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. The district court granted summary judgment to UPS, on the ground that Arnold had not shown that he had a disability and therefore was not protected by the ADA's antidiscrimination provision...

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