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LOVEJOY-WILSON v. NOCO MOTOR FUEL, INC.

Docket Nos. 00-7919(L), 00-7969(XAP).

263 F.3d 208 (2001)

Diane LOVEJOY-WILSON, Plaintiff-Appellant-Cross-Appellee, v. NOCO MOTOR FUEL, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 31, 2001.

Attorney(s) appearing for the Case

MARK R. UBA, Connors & Vilardo, LLP (Margaret L. Phillips, of counsel), Buffalo, NY, for Plaintiff-Appellant-Cross-Appellee.

LINDA H. JOSEPH, Buchanan Ingersoll P.C., Buffalo, NY, for Defendant-Appellee-Cross-Appellant.

SUSAN L.P. STARR, Washington, D.C., for Amicus Curiae Equal Employment Opportunity Commission.

Before FEINBERG, NEWMAN, and SACK, Circuit Judges.

SACK, Circuit Judge:

Plaintiff Diane Lovejoy-Wilson, a former employee of defendant NOCO Motor Fuel, Inc. ("NOCO"), brought an action pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101-213, and the New York Human Rights Law ("NYHRL"), New York Executive Law § 296-301, in the United States District Court for the Western District of New York alleging that NOCO discriminated against her on the basis of her disability by constructively...

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