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E.E.O.C. v. AGRO DISTRIBUTION LLC

No. 07-60447.

555 F.3d 462 (2009)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. AGRO DISTRIBUTION, LLC, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 15, 2009.

Attorney(s) appearing for the Case

Elizabeth Ellen Theran (argued), U.S. EEOC, Washington, DC, for Plaintiff-Appellant.

Herbert C. Ehrhardt (argued), Bethany Brantley Johnson, Ashley Eley Cannady, Ogletree Deakins, Ridgeland, MS, for Defendant-Appellee.

Rae Thiesfield Vann, Norris, Tysse, Lampley & Lakis, LLP, Washington, DC, for Amicus Curiae.

Before JONES, Chief Judge, and GARWOOD and SMITH, Circuit Judges.

EDITH H. JONES, Chief Judge:

The Equal Employment Opportunity Commission brought suit against Agro Distribution, LLC ("Agro") for violating the Americans with Disabilities Act ("ADA") by failing to provide a reasonable accommodation to Henry Velez ("Velez") and by terminating his employment on the basis of his disability. The district court dismissed the suit and awarded approximately $225,000 attorneys' fees and costs to the defendant. The EEOC appeals this dismissal...

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