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FOWLER v. UPMC SHADYSIDE

No. 07-4285.

578 F.3d 203 (2009)

Barbara FOWLER, individually, and on behalf of a group of similarly situated individuals, Appellant v. UPMC SHADYSIDE; UPMC, doing business as University of Pittsburgh Medical Center.

United States Court of Appeals, Third Circuit.

Filed August 18, 2009.

Attorney(s) appearing for the Case

Gregory G. Paul, Esq. (Argued), Equality at Work, Sewickley, PA, for Appellant.

Pamela G. Cochenour, Esq. (Argued), Pietragallo, Gordon, Alfano, Bosick & Raspanti, Pittsburgh, PA, for Appellee.

Before: FUENTES, JORDAN, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this appeal we are asked to determine whether the Appellant, Barbara Fowler, was too late in filing her discrimination claims against her employer, UPMC Shadyside Hospital. Fowler charged UPMC Shadyside with violating her rights under the Rehabilitation Act. The District Court dismissed Fowler's complaint before any responsive pleading was filed or discovery took place, finding it time-barred. Alternatively...

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