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PEYTON v. FRED'S STORES OF ARKANSAS, INC.

No. 08-2346.

561 F.3d 900 (2009)

Floyce Reed PEYTON, Appellant, v. FRED'S STORES OF ARKANSAS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 15, 2009.

Attorney(s) appearing for the Case

Richard H. Mays, Heber Springs, AR, for appellant.

James A. Johnson, Jr., Robert B.C. Hale, Memphis, TN, for appellee.

Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

LIMBAUGH, District Judge.

Plaintiff Floyce Peyton brought this action to recover damages from her former employer, Fred's Stores, pursuant to the Americans With Disabilities Act (ADA), 42 U.S.C. sec. 12101 et seq. The District Court2 entered summary judgment in favor of defendant. The dispositive issue is whether plaintiff, who became ill from cancer, was qualified to perform the essential functions...

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