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RAKITY v. DILLON COMPANIES, INC.

No. 01-1484.

302 F.3d 1152 (2002)

Charles L. RAKITY, Plaintiff-Appellant, v. DILLON COMPANIES, INC., a Kansas corporation d/b/a King Soopers, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 29, 2002.

Attorney(s) appearing for the Case

Hugh S. Pixler of Gregson & Pixler, P.C., Denver, Colorado, for Plaintiff-Appellant.

Edward J. Butler (Raymond M. Deeny with him on the brief) of Sherman & Howard L.L.C., Colorado Springs, Colorado, for Defendant-Appellee.

Before BRISCOE, Circuit Judge, BRORBY, Senior Circuit Judge, and LUCERO, Circuit Judge.

BRORBY, Senior Circuit Judge.

Charles L. Rakity, a grocery clerk at King Soopers, sued his employer, arguing the supermarket chain's failure to promote him violated the Americans with Disabilities Act. After determining Mr. Rakity did not have a covered "disability" under 42 U.S.C. § 12102(2), the district court granted King Soopers' summary judgment motion. On appeal, Mr. Rakity argues summary judgment was inappropriate because (1) material evidence indicates...

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