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CANNATA v. CATHOLIC DIOCESE OF AUSTIN

No. 11-51151.

700 F.3d 169 (2012)

Philip CANNATA, Plaintiff-Appellant, v. CATHOLIC DIOCESE OF AUSTIN; St. John Neumann Catholic Church, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 24, 2012.

Attorney(s) appearing for the Case

Philip Cannata, Austin, TX, pro se.

Steven Charles Levatino , Andrew Fairles MacRae , Levatino Pace, L.L.P., Austin, TX, for Defendants-Appellees.

Leslie Griffin , University of Houston Law Ctr., Houston, TX, Francis Swineburne Ainsa, Jr. , Ainsa Huston, L.L.P., El Paso, TX, Mark E. Chopko , Stradley, Ronon, Stevens & Young, L.L.P., Washington, DC, for Amici Curiae.

Before DAVIS, DENNIS and HAYNES, Circuit Judges.

DENNIS, Circuit Judge:

Philip E. Cannata brought suit against the Catholic Diocese of Austin and St. John Neumann Catholic Church ("Appellees" or "the church"), alleging that the church terminated him in violation of the Age Discrimination in Employment Act ("ADEA") and the Americans with Disabilities Act ("ADA"). The district court dismissed the suit based on the ministerial exception, which bars employment-discrimination suits by ministers against their churches...

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