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FREDENBURG v. CONTRA COSTA COUNTY DEPT. OF HEALTH SERVICES

No. 97-15885.

172 F.3d 1176 (1999)

January FREDENBURG, Plaintiff-Appellant, v. CONTRA COSTA COUNTY DEPARTMENT OF HEALTH SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 19, 1999.

Attorney(s) appearing for the Case

Darryl Parker, Fairfield, California, for the plaintiff-appellant.

Bernard Knapp, Deputy County Counsel, Martinez, California, for the defendant-appellee.

Before: CANBY and KOZINSKI, Circuit Judges, and WEINER, District Judge.

Opinion by Judge CANBY; Concurrence by Judge WEINER; Dissent by Judge KOZINSKI.

CANBY, Circuit Judge:

The question before us is whether plaintiff-appellant January Fredenburg is judicially estopped from establishing a claim against her former employer under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Fredenburg had applied for and received state temporary disability insurance benefits available to workers who, because...

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