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JOHNSON v. K MART CORP.

No. 99-14563.

273 F.3d 1035 (2001)

James JOHNSON, Plaintiff-Appellant, v. K MART CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Order Granting Rehearing December 19, 2001.

Attorney(s) appearing for the Case

Bradley M. Bole, Law Office of Brad Bole, Tampa, FL, for Plaintiff-Appellant.

Mark J. Neuberger, Buchanan Ingersoll, P.C., Aventura, FL, Richard J. Antonelli, Littler Mendelson, Pittsburgh, PA, for Defendant-Appellee.

Caren I. Friedman, Washington, DC, for Amicus Curiae EEOC.

Before CARNES and BARKETT, Circuit Judges, and POLLAK, District Judge.

Order Granting Rehearing En Banc December 19, 2001.

POLLAK, District Judge:

This case presents two questions regarding the interpretation of Title I of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., in the context of the District Court's grant of a motion to dismiss. In Part I, we consider the question whether a former employee — as against a current employee or an applicant — is eligible to file suit...

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