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RUIZ RIVERA v. PEIZER PHARMACEUTICALS, LLC

No. 07-1595.

521 F.3d 76 (2008)

Delia RUIZ RIVERA, Plaintiff-Appellant, v. PFIZER PHARMACEUTICALS, LLC Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided March 27, 2008.

Attorney(s) appearing for the Case

Wilma Reveron Collazo, with whom Alberto J. Torrado Delgado was on brief, for appellant.

Mariela Rexach, with whom Carl Schuster and Schuster Aguilo LLP were on brief, for appellee.

Before LIPEZ and HOWARD, Circuit Judges, and SMITH, District Judge.

SMITH, District Judge.

This case presents as a so-called "regarded as" disability claim under the Americans with Disabilities Act ("ADA"). However, as the discussion below reveals, once the layers of argument are stripped away, the regarded as claim is revealed to be a chimera. Thus, the District Court's grant of summary judgment, on reconsideration, as to the regarded as claim was appropriate, and the judgment is affirmed.

I. Facts and Background

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