FRASER v. GOODALE

No. 01-36018.

342 F.3d 1032 (2003)

Rebecca Ann FRASER, Plaintiff-Appellant, v. Carol GOODALE; Jeff Erwin; Terri McKinnis; United States Bancorp, a federal insured banking corporation; United States Bank National Assoc., a federal insured banking corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2003.


Attorney(s) appearing for the Case

Craig A. Crispin, Crispin & Associates, Portland, Oregon, for the plaintiff-appellant.

Janine C. Blatt, Jeffrey J. Druckman, Bruckman & Associates, Portland, Oregon, for the defendants-appellees.

Daniel B. Kohrman, AARP Foundation Litigation, Washington, D.C., for the amicus.

Carl G. Kiss, Portland, Oregon, for the amicus American Diabetes Association.

Before: DONALD P. LAY, J. CLIFFORD WALLACE, and RICHARD C. TALLMAN, Circuit Judges.


Argued and Submitted May 7, 2003 — Portland, Oregon.

Opinion by Judge WALLACE; Dissent by Judge TALLMAN

OPINION

WALLACE, Senior Circuit Judge:

Fraser sued her former employer, United States Bancorp (Bank) under the Americans with Disabilities Act (ADA) and Or. Rev.Stat. § 659.436, contending the Bank discriminated against her because of her diabetes. She appeals from the Bank's summary judgement, arguing the district court erred...

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