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DARK v. CURRY COUNTY

No. 04-36087.

451 F.3d 1078 (2006)

Robert DARK, Plaintiff-Appellant, v. CURRY COUNTY; Curry County Road Department; Dan Crumley, individually and in his official capacity as Curry County Roadmaster, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2006.

Attorney(s) appearing for the Case

Manuel C. Hernandez, Hernandez and Associates, LLC, Bandon, OR, argued the cause for the appellant and was on the briefs.

Jason M. Montgomery, Law Office of Robert E. Franz, Jr., Springfield, OR, argued the cause for the appellee and was on the brief. Robert E. Franz, Jr. was also on the brief.

Before: D.W. NELSON, O'SCANNLAIN, Circuit Judges, and BURNS, District Judge.

O'SCANNLAIN, Circuit Judge:

We are asked to review a summary judgment dismissal of a claim by an epileptic heavy-equipment operator for a county road department under the Americans with Disabilities Act.

I

From the age of 16, Robert Dark has suffered from epilepsy. He controls the condition with medication but still endures the occasional seizure which is usually preceded by a physical manifestation called an "aura." An aura is "akin to a nervous...

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