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SMITH v. UNITED PARCEL SERVICE OF AMERICA, INC.

No. 1741, Docket 94-9308.

65 F.3d 266 (1995)

Loren SMITH, Plaintiff-Appellant, v. UNITED PARCEL SERVICE OF AMERICA, INC., d/b/a United Parcel Service, Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 8, 1995.

Attorney(s) appearing for the Case

Rachel J. Minter, New York City, for plaintiff-appellant.

Aaron J. Schindel, New York City (Proskauer Rose Goetz & Mendelsohn LLP, Monique A. Tuttle, of counsel), for defendant-appellee.

Before: VAN GRAAFEILAND, KEARSE and WALKER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq., became effective on July 26, 1992. See Pub.L. No. 101-336, § 108, 104 Stat. 327, 337 (1990). The Act was not retroactive. O'Bryant v. City of Midland, 9 F.3d 421, 422 (5th Cir. 1993). The issue in the instant case is whether Loren Smith was discharged by his employer, United Parcel Service of...

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