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BRANHAM v. SNOW

No. 03-3599.

392 F.3d 896 (2004)

Gary L. BRANHAM, Plaintiff-Appellant, v. John W. SNOW, Secretary, United States Department of Treasury/Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 2004.

Attorney(s) appearing for the Case

Elizabeth G. Russell, Krieg Devault, Indianapolis, IN, John W. Griffin (Argued), Houston, Marek & Griffin, Victoria, TX, for Plaintiff-Appellant.

Jeffrey L. Hunter (Argued), Office of the United States Attorney, Indianapolis, IN, for Defendant-Appellee.

Before CUDAHY, RIPPLE and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

Gary L. Branham brought this action under the Rehabilitation Act of 1973 ("Rehabilitation Act" or "the Act"), 29 U.S.C. § 701 et seq., against his employer, the Internal Revenue Service ("IRS"), for failing to hire him as a Criminal Investigator in its Criminal Investigation Division. The district court granted the IRS' motion for summary judgment on the ground that Mr. Branham was not disabled for purposes of the Rehabilitation Act. For...

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