No. 07-8036.

527 F.3d 1080 (2008)

David M. JUSTICE, Plaintiff-Appellant, v. CROWN CORK AND SEAL COMPANY, INC., a Pennsylvania corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 3, 2008.

Attorney(s) appearing for the Case

Richard C. LaFond, (Jay Dee Schaefer, Laramie, Wyoming, with him on the briefs), LaFond & Sweeney, LLC, Denver, CO, for Plaintiff-Appellant.

Tracy A. Miller (Christopher J. Meister with her on the brief), Ogletree, Deakins, Nash, Smoak and Stewart, P.C., Phoenix, AZ, for Defendant-Appellee.

Before BRISCOE, McKAY, and LUCERO, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff-Appellant David Justice filed suit in federal district court under the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., alleging that his employer, Defendant-Appellee Crown, Cork, & Seal, Co. (Crown) discriminated against him on the basis of his physical impairment. The district court granted summary judgment to Crown, concluding that (1) Justice failed to establish that he was disabled within the...

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