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RICHARDS v. CITY OF TOPEKA

No. 97-3339.

173 F.3d 1247 (1999)

Michelle L. RICHARDS, Firefighter, City of Topeka Fire Department, Plaintiff-Appellant, v. CITY OF TOPEKA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 24, 1999.

Attorney(s) appearing for the Case

Alan G. Warner, Topeka, Kansas, for the Plaintiff—Appellant.

Ann L. Hoover, Topeka, Kansas, for the Defendant—Appellee.

Before KELLY, McKAY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Michele Richards, an apparatus operator for the City of Topeka Fire Department, filed suit in district court against the City under the Americans with Disability Act ("ADA") and the Pregnancy Discrimination Act ("PDA") claiming that the City's policies and collective bargaining agreement with her union discriminated against her by regarding her pregnancy as a disability. The trial court granted the City's

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