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DONAHUE v. CONSOLIDATED RAIL CORP.

No. 99-1637.

224 F.3d 226 (2000)

Charles E. DONAHUE, Appellant, v. CONSOLIDATED RAIL CORPORATION.

United States Court of Appeals, Third Circuit.

Filed August 17, 2000.

Attorney(s) appearing for the Case

Joseph M. Sellers, Paul T. Gallagher, (Argued), Cohen, Millstein, Hausfeld & Toll, P.L.L.C., Washington, DC, Mark T. Wade, Jack Porter, Pierce, Raimond, Osterhout, Wade, Carlson & Coulter, P.C., Pittsburgh, PA, Counsel for Appellant.

C. Gregory Stewart, Phillip P. Sklover, Lorraine C. Davis, Lisa J. Banks, (Argued), Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, Counsel for Amicus Curiae in Support of Appellants.

Alan D. Berkowitz, (Argued), M. Francis Ryan, Jennifer S. Koether, Dechert Price and Rhoads, Philadelphia, PA, Counsel for Appellee.

Before NYGAARD, ALITO, and GIBSON, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Charles Donahue appeals from an order granting summary judgment to his former employer, Conrail, in a suit arising under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. We affirm.

I.

Charles Donahue worked for many years on Conrail freight trains, primarily as a train conductor and engineer. In February 1993, Donahue had a heart attack at home. In May 1993, he returned to work...

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