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SILGUERO v. CSL PLASMA, INC.

No. 17-41206.

907 F.3d 323 (2018)

Mark SILGUERO, Plaintiff-Appellant, Amy Wolfe, Intervenor-Appellant, v. CSL PLASMA, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED October 23, 2018.

Attorney(s) appearing for the Case

Ryan C. Downer, Esq. , Assistant Counsel, Michael G. Allen , Sasha M. Samberg-Champion, Esq. , Relman, Dane & Colfax, P.L.L.C., Washington, DC, Lia Sifuentes Davis , Brian D. East , Senior Attorney, Disability Rights Texas, Central Texas Regional Office, Austin, TX, for Plaintiff-Appellant and Intervenor-Appellant.

Bruce Jay Douglas , Stephanie Jenaye Willing, Esq. , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Minneapolis, MN, for Defendant-Appellee.

Rakesh Kilaru , Wilkinson Walsh + Eskovitz, L.L.P., Washington, DC, for Amicus Curiae Paralyzed Veterans of America.

Elizabeth Nash , Tovah Calderon , U.S. Department of Justice, Civil Rights Div-Appellate Section, Washington, DC, for Amicus Curiae United States of America.

Cary Baxter Davis , Mark Hiller, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, for Amicus Curiae Octapharma Plasma, Incorporated.

John Delacourt , Plasma Protein Therapeutics Association, Washington, DC, Micheal Wayne Dobbs , Kelley Drye & Warren, L.L.P., Houston, TX, for Amicus Curiae Plasma Protein Therapeutics Association.

Before KING, ELROD, and HAYNES, Circuit Judges.

CSL Plasma, Inc. is a plasma collection center that will pay anyone who passes its screening test to donate plasma. Mark Silguero and Amy Wolfe are both individuals with disabilities who attempted to donate plasma but whom CSL Plasma deferred for reasons they allege related to their disabilities. Silguero used a cane and had...

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