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NIHISER v. OHIO E.P.A.

No. 97-3933.

269 F.3d 626 (2001)

Michael D. NIHISER, Plaintiff-Appellant, v. OHIO ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 11, 2001.

Rehearing Denied: December 5, 2001.

Attorney(s) appearing for the Case

ARGUED: Louis A. Jacobs, (argued and briefed), John S. Marshall (briefed), Columbus, Ohio, for Appellant.

Stephen P. Carney, (argued), OFFICE OF THE ATTORNEY GENERAL OF OHIO, Jack W. Decker (briefed), Office of the Attorney General, Employment Law Section, Columbus, Ohio, for Appellee.

Seth M. Galanter, (argued and briefed) UNITED STATES DEPARTMENT OF JUSTICE, CIVIL RIGHTS DIVISION, Washington, D.C., for Intervenor.

ON BRIEF: Louis A. Jacobs, Columbus, Ohio, John S. Marshall, Columbus, Ohio, for Appellant.

Jack W. Decker, OFFICE OF THE ATTORNEY GENERAL, EMPLOYMENT LAW SECTION, Columbus, Ohio, Jeffrey S. Sutton, JONES, DAY, REAVIS & POGUE, Columbus, Ohio, for Appellee.

Merl H. Wayman, (briefed), Columbus, Ohio, for Amicus Curiae. Seth M. Galanter, UNITED STATES DEPARTMENT OF JUSTICE, CIVIL RIGHTS DIVISION, Washington, D.C., for Intervenor.

Before: MARTIN, Chief Judge; SUHRHEINRICH and SILER, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Michael D. Nihiser, an employee of the Ohio Environmental Protection Agency, sued his employer under Title I of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The Agency filed a motion to dismiss, arguing that the Acts were unconstitutional as applied to the states. The district court granted the Agency's motion, and Nihiser appeals. For...

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