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LEWIS v. HUMBOLDT ACQUISITION CORP., INC.

No. 09-6381.

634 F.3d 879 (2011)

Susan LEWIS, Plaintiff-Appellant, v. HUMBOLDT ACQUISITION CORPORATION, INC., dba Humboldt Manor Nursing Home, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

March 17, 2011.

Attorney(s) appearing for the Case

ON BRIEF: Michael L. Weinman , Weinman & Associates, Jackson, Tennessee, for Appellant. James K. Simms, IV , J. Cole Dowsley, Jr. , Cornelius & Collins, LLP, Nashville, Tennessee, for Appellee.

MERRITT, J., delivered the opinion of the court, in which CLAY and GRIFFIN, JJ., joined. GRIFFIN, J. (pp. 881-83), delivered a separate concurring opinion.

OPINION

MERRITT, Circuit Judge.

It is a well-established rule of this circuit that one panel cannot overrule the holding of another panel, absent an intervening inconsistent opinion from the U.S. Supreme Court. Susan Lewis, however, asks this panel to do just that. She complains that the jury considering her discrimination claim under the Americans with Disabilities Act ("ADA") should have been instructed that, in order for her to prevail, her disability...

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