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E.E.O.C. v. W.H. BRAUM, INC.

No. 02-7046.

347 F.3d 1192 (2003)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. W.H. BRAUM, INC., d/b/a Braum's Ice Cream and Dairy Store, an Oklahoma corporation, Defendant-Appellee. Eva Willis, Movant.

United States Court of Appeals, Tenth Circuit.

October 28, 2003.

Attorney(s) appearing for the Case

Joseph A. Seiner (Nicholas M. Inzeo, Acting Deputy General Counsel, Philip B. Sklover, Associate General Counsel and Carolyn L. Wheeler, Assistant General Counsel, on the briefs), Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, for Plaintiff-Appellant.

Jim T. Priest (and Robert E. Norman, with him on the brief), McKinney & Stringer, P.C., Oklahoma City, OK, for Defendant-Appellee.

Before EBEL, BALDOCK, and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

The Equal Employment Opportunity Commission ("EEOC") sued Defendant W.H. Braum, Inc. ("Braum") on behalf of Eva Willis alleging disability employment discrimination in violation of the Americans with Disabilities Act ("ADA"). 42 U.S.C. §§ 12111-17. Prior to the EEOC's suit, Ms. Willis filed suit individually against Braum in federal court alleging a violation of the ADA. However, immediately after filing suit, Ms. Willis dismissed...

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