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TESONE v. EMPIRE MARKETING STRATEGIES

No. 19-1026.

942 F.3d 979 (2019)

Jonella TESONE, Plaintiff-Appellant, v. EMPIRE MARKETING STRATEGIES, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

November 8, 2019.

Attorney(s) appearing for the Case

Joseph A. Whitcomb , ( LaQunya L. Baker , with him on the briefs), Whitcomb, Selinsky, McAuliffe, PC., Denver, Colorado, for Plaintiff-Appellant.

John R. Mann , Gordon & Rees LLP, Denver, Colorado, for Defendant-Appellee.

James L. Lee , Deputy General Counsel, Jennifer S. Goldstein , Associate General Counsel, Elizabeth E. Theran , Assistant General Counsel, and Julie L. Gantz , Attorney, Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., filed an amicus curiae brief in support of Appellant.

Before MATHESON, PHILLIPS, and MORITZ, Circuit Judges.

Jonella Tesone claimed that Empire Marketing Strategies ("EMS") discriminated against her under the Americans with Disabilities Act ("ADA") when it terminated her employment. The district court granted summary judgment to EMS.

On appeal, Ms. Tesone alleges the district court erred when it denied her motions to (1...

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