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DUVALL v. GEORGIA-PACIFIC CONSUMER PRODUCTS, L.P.

No. 08-7096.

607 F.3d 1255 (2010)

Travis DUVALL, Plaintiff-Appellant, v. GEORGIA-PACIFIC CONSUMER PRODUCTS, L.P., a foreign limited partnership, f/k/a Georgia-Pacific Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 9, 2010.

Attorney(s) appearing for the Case

Jonathan E. Shook of Shook & Johnson, P.L.L.C., Tulsa, OK, for Plaintiff-Appellant.

Sabrina Presnell Rockoff (Randall D. Avram, with her on the brief) of Kilpatrick Stockton, LLP, Raleigh, NC (Thomas D. Robertson of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, with her on the brief), for Defendant-Appellee.

Before MURPHY, EBEL, and HARTZ, Circuit Judges.

EBEL, Circuit Judge.

In this appeal, we are asked to decide when a position is "vacant" for the purposes of the Americans with Disabilities Act ("ADA"), such that a disabled employee may request reassignment to that position as a reasonable accommodation. Plaintiff-Appellant Travis Duvall, who suffers from cystic fybrosis, worked in the shipping department of a paper mill owned by Georgia Pacific ("GP"). When GP decided to begin outsourcing the running of its shipping...

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