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WHITNEY v. WAL-MART STORES, INC.

895 A.2d 309 (2006)

2006 ME 37

Stanley WHITNEY v. WAL-MART STORES, INC.

Supreme Judicial Court of Maine.

Decided: April 11, 2006.

Attorney(s) appearing for the Case

Curtis Webber, Esq. (orally), Linnell, Choate & Webber, LLP, Auburn, for plaintiff.

Mark V. Franco, Esq., Elizabeth K. Peck, Esq. (orally), Lisa F. Bendetson, Esq., Thompson & Bowie, LLP, Portland, for defendant.

James R. Erwin, Esq. (orally), Katherine I. Rand, Esq., Pierce Atwood, Philip J. Moss, Esq., Eric J. Uhl, Esq., Moon, Moss & Shapiro, P.A., Portland, (for Maine State Chamber of Commerce and nine other organizations), John P. Gause, Esq., Disability Rights Center, David G. Webbert, Esq. (orally), Johnson & Webbert, LLP, Augusta, (for Maine AFL-CIO and one other organization), for amici curiae.

Dissent: SAUFLEY, C.J., and LEVY, JJ.

ALEXANDER, J.

[¶ 1] This case is before us on questions certified by the United States District Court for the District of Maine (Hornby, J.) pursuant to 4 M.R.S. § 57 (2005) and M.R.App. P. 25. The questions of state law certified are: (1) "Does the Maine Human Rights Act definition of `physical or mental disability' found at 5 M.R.S.A. § 4553(7-A) require a showing of a substantial limitation on a major life activity as does its federal analogue...

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