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E.E.O.C. v. YELLOW FREIGHT SYSTEM, INC.

No. 99-3415.

253 F.3d 943 (2001)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, and Michael Nicosia, Intervening Plaintiff-Appellant, v. YELLOW FREIGHT SYSTEM, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Re-argued November 29, 2000.

Decided June 12, 2001.

Attorney(s) appearing for the Case

Jean P. Kamp (argued), Equal Employment Opportunity Commission, Chicago, IL, for plaintiff.

Steven L. Brenneman (argued), Matkov, Salzman, Madoff & Gunn, Chicago, IL, for Defendant-appellee.

Patricia A. Wrona (argued), Chicago, IL, for intervenor-appellant.

Before FLAUM, Chief Judge, POSNER, COFFEY, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD, EVANS, and WILLIAMS, Circuit Judges.

Re-argued En Banc November 29, 2000.

COFFEY, Circuit Judge.

On May 4, 1998, the Equal Employment Opportunity Commission (EEOC) filed a single count complaint in the Northern District of Illinois against the Defendant Appellee Yellow Freight System, Inc., alleging violations of the Americans with Disabilities Act based on Michael Nicosia's, an employee of Yellow Freight, HIV/AIDS disability.1 Specifically, the EEOC alleged that...

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