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FISCUS v. WAL-MART STORES, INC.

No. 03-2513.

385 F.3d 378 (2004)

Cathy A. FISCUS, Appellant v. WAL-MART STORES, INC. d/b/a Sam's Wholesale Club # 6678.

United States Court of Appeals, Third Circuit.

Filed October 5, 2004.

Attorney(s) appearing for the Case

Samuel J. Cordes (Argued), Ogg, Cordes, Murphy & Ignelzi, Pittsburgh, PA, for Appellant.

Bradley A. Schutjer (Argued), Camp Hill, PA, for Appellee.

Eric S. Dreiband, General Counsel, Carolyn L. Wheeler, Acting Associate General Counsel, Lorraine C. Davis, Assistant General Counsel, Daniel T. Vail (Argued), Washington, DC, for Amicus Appellant Equal Employment Opportunity Commission.

Before ALITO and CHERTOFF, Circuit Judges, and DEBEVOISE, Senior District Judge.

OPINION OF THE COURT

CHERTOFF, Circuit Judge.

Appellant Cathy A. Fiscus, who was an employee at appellee Wal-Mart, suffered from end-stage renal disease from 1998 until she received a kidney transplant in September 1999. End-stage renal disease means near-total kidney failure. From 1998 until September 1999, therefore, Fiscus was required to undergo time-consuming and uncomfortable dialysis treatments to cleanse and eliminate waste from her blood.

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