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E.E.O.C. v. WATKINS MOTOR LINES, INC.

No. 05-3218.

463 F.3d 436 (2006)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. WATKINS MOTOR LINES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2006.

Attorney(s) appearing for the Case

ARGUED: Daniel Travis Vail, Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Katharine C. Weber, Cors & Bassett, Cincinnati, Ohio, for Appellee. ON BRIEF: Daniel Travis Vail, Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Katharine C. Weber, Susan R. Bell, Cors & Bassett, Cincinnati, Ohio, for Appellee.

Before: KENNEDY and GIBBONS, Circuit Judges; DONALD, District Judge.

KENNEDY, J., delivered the opinion of the court, in which DONALD, D.J., joined.

GIBBONS, J. (pp. 443-45), delivered a separate concurring opinion.

OPINION

KENNEDY, Circuit Judge.

The Equal Employment Commission ("EEOC") brought this employment discrimination action on behalf of Stephen Grindle, alleging the Defendant discharged Grindle because of his morbid obesity in violation of the Americans with Disabilities Act of 1990 ("ADA"). On appeal...

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