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United States Fifth Circuit


FUZY v. S & B ENG'RS & CONSTRUCTORS, LTD., 02-30472

Assuming that a non-disabled plaintiff could bring a claim under the ADA, 42 U.S.C. section 12112(d), for denial of an application for employment as a pipefitter solely on the basis of his failure to satisfy a lifting requirement, his claim fails where he failed to rebut evidence that the requirement was job-related.

Appellate Information

  • Decided 05/23/2003
  • Published 05/23/2003

Judges

  • DeMOSS, Circuit Judge:, Before DeMOSS and STEWART, Circuit Judges, and FALLON , District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Thomas Joseph Hogan, Jr. (argued), Hogan & Hogan, Hammond, LA, for Plaintiff-Appellant.

  • For Appellees:
  • Charles C. Garrison (argued), Caffery, Oubre, Campbell & Garrison, New Iberia, LA, for Defendant-Appellee.
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