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HOLTZCLAW v. DSC COMMUNICATIONS CORP.

No. 00-40966.

255 F.3d 254 (2001)

Steven R. HOLTZCLAW, Plaintiff-Appellant, v. DSC COMMUNICATIONS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 6, 2001.

Attorney(s) appearing for the Case

Hal K. Gillespie (argued), Gillespie, Rozen & Watsky, Dallas, TX, for Plaintiff-Appellant.

Karl G. Nelson (argued), Scott Randall Hoyt, Gibson, Dunn & Crutcher, Dallas, TX, for Defendant-Appellee.

Before SMITH, DUHÉ, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Steven Holtzclaw appeals a summary judgment in his suit against DSC Communications Corporation ("DSC") asserting claims under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12112(a), the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1140, and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 623(d). Because Holtzclaw is not physically able to do the job that he sought, either...

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