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E.E.O.C. v. J.H. ROUTH PACKING CO.

No. 99-4482.

246 F.3d 850 (2001)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. J.H. ROUTH PACKING CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 19, 2001.

Attorney(s) appearing for the Case

ARGUED: Caren I. Friedman, EQUAL EMPLOYMENT OPPORTUNITY, Washington, D.C., for Appellant.

Thomas H. Barnard, Jr., ULMER & BERNE, Cleveland, Ohio, for Appellee.

ON BRIEF: Robert J. Gregory, OFFICE OF THE GENERAL COUNSEL, Washington, D.C., for Appellant.

Thomas H. Barnard, Jr., Bari E. Goggins, ULMER & BERNE, Cleveland, Ohio, John A. Coppeler, FLYNN, PY & KRUSE, Port Clinton, Ohio, for Appellee.

Before: MARTIN, Chief Judge; JONES and COLE, Circuit Judges.

OPINION

BOYCE F. MARTIN, Jr., Chief Judge.

The Equal Employment Opportunity Commission brought an employment discrimination claim against J.H. Routh Packing Company, pursuant to the Commission's public enforcement authority under the Americans with Disabilities Act, 42 U.S.C. § 12117(a). The Commission appeals the district court's grant of Routh's motion for judgment on the pleadings. For the following reasons, we REVERSE and REMAND to the district...

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