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DAVIS v. VIRGINIA COMMONWEALTH UNIVERSITY

No. 97-1452.

180 F.3d 626 (1999)

Joyce DAVIS, Plaintiff-Appellant, v. VIRGINIA COMMONWEALTH UNIVERSITY; Medical College of Virginia; Michael Oliver, individually and in his official capacity as Nurse Manager, Virginia Commonwealth University, Defendants-Appellees, and Amy Nechamkin, individually and in her official capacity as Office Manager, Psychiatry Department, Virginia Commonwealth University, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1999.

Attorney(s) appearing for the Case

ARGUED: Sa'ad El-Amin, El-Amin & Crawford, Richmond, Virginia, for Appellant. Pamela Finley Boston, Special Assistant Attorney General, Office of the General Counsel, Virginia Commonwealth University, Richmond, Virginia, for Appellees. ON BRIEF: Beverly Crawford, El-Amin & Crawford, Richmond, Virginia, for Appellant. Richard Cullen, Attorney General of Virginia, David L. Ross, Special Assistant Attorney General, Office of the General Counsel, Virginia Commonwealth University, Richmond, Virginia, for Appellees.

Before WIDENER and LUTTIG, Circuit Judges, and CHAMBERS, United States District Judge for the Southern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge LUTTIG and Judge CHAMBERS concurred.

OPINION

WIDENER, Circuit Judge:

This case arises in the context of an action for disability discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, as well as 42 U.S.C. §§ 1983 and 1985. The district court denied Joyce Davis' Motion to File Second Amended Complaint. We...

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