RIZZO v. CHILDREN'S WORLD LEARNING CENTERS, INC.

No. 97-50367.

213 F.3d 209 (2000)

Victoria RIZZO, Plaintiff-Appellee, v. CHILDREN'S WORLD LEARNING CENTERS, INC., doing business as CWLC, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 26, 2000.


Attorney(s) appearing for the Case

Jason J. Thompson, Robert S. Thompson (argued), Thompson & Thompson, San Antonio, TX, for Plaintiff-Appellee.

Cynthia Glass Bivins, Jenkins, Gilchrist, Groce, Locke & Hebdon, Wallace Bernard Jefferson (argued), Crofts, Callaway & Jefferson, San Antonio, TX, for Defendant-Appellant.

Jennifer S. Goldstein, U.S. Equal Employment Opportunity Com'n, Washington, DC, for Amicus Curiae U.S. Equal Employment Opportunity Com'n.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

We took this case en banc primarily to determine whether, in this fully-tried case, the district court erred in the instructions it gave to the jury in Victoria Rizzo's action under the Americans with Disabilities Act and, secondarily, whether the record supports the verdict. The jury, in response to special interrogatories, rendered a verdict in favor of Ms. Rizzo. After carefully reviewing the record, we conclude that the district...

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