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SMITH v. HORTON INDUSTRIES, INC.

No. Civ. 97-1026.

17 F.Supp.2d 1094 (1998)

Charles H. SMITH, Plaintiff, v. HORTON INDUSTRIES, INC., Defendant.

United States District Court, D. South Dakota, Northern Division.

September 2, 1998.

Attorney(s) appearing for the Case

Thomas F. Burns, Watertown, SD, Philip W. Morgan, Britton, SD, for Plaintiff.

Daniel R. Fritz, Fritz, Hogan & Johnson, Aberdeen, SD, Neal T. Buethe, Briggs & Morgan, St. Paul, MN, for Defendant.

AMENDED MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiff Charles H. Smith ("Smith") filed a complaint alleging a cause of action against his employer under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Defendant Horton Industries, Inc. ("Horton") filed a motion for summary judgment on the basis that (1) Smith failed to exhaust his administrative remedies, (2) Smith is not disabled...

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