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ESHELMAN v. AGERE SYSTEMS, INC.

No. 05-4895.

554 F.3d 426 (2009)

Joan ESHELMAN v. AGERE SYSTEMS, INC., formerly Lucent Technologies, Inc., Agere Systems Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed: January 30, 2009.

Attorney(s) appearing for the Case

David S. Fryman (argued), William K. Kennedy, Ballard, Spahr, Andrews & Ingersoll, LLP, Philadelphia, PA, for Appellant.

Ronald H. Surkin (argued), Gallagher, Schoenfeld, Surkin, Chupein & DeMis, Media, PA, for Appellee.

Before: FISHER, CHAGARES, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

CHAGARES, Circuit Judge.

Plaintiff/appellee Joan Eshelman (Eshelman) instituted a lawsuit against her former employer, defendant/appellant Agere Systems, Inc. (Agere) claiming, inter alia, that Agere discriminated against her in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. At trial, Eshelman argued alternatively that Agere unlawfully discharged her because of her record of cancer...

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