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ALBERT v. SMITH'S FOOD & DRUG CENTERS, INC.

No. 02-2052.

356 F.3d 1242 (2004)

Victoria ALBERT, Plaintiff-Appellant, v. SMITH'S FOOD & DRUG CENTERS, INC.; Dallon Clarkson; Kevin Slowey, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 29, 2004.

Attorney(s) appearing for the Case

J. Douglas Foster (Kerri L. Peck with him on the briefs), Foster, Johnson, McDonald, Lucero, Koinis, LLP, Albuquerque, NM, for Plaintiff-Appellant.

Edward Ricco (Thomas L. Stahl, Jeffrey L. Lowry, with him on the brief), Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendants-Appellees.

Before BRISCOE, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiff Victoria Albert filed this suit against her former employer, Smith's Food & Drug Centers, Inc. ("Smith's"), and individual defendants, Dallon Clarkson and Kevin Slowey. Albert alleged that Smith's failed to reasonably accommodate her asthmatic condition, in violation of the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 ("ADA"), and the New Mexico Human Rights Act, N.M. Stat. Ann....

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