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SWANKS v. WASHINGTON METROPOLITAN AREA TRANSIT

No. 98-7115.

179 F.3d 929 (1999)

Michael SWANKS, Appellee, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1999.

Attorney(s) appearing for the Case

Lisa D. Fentress argued the cause for appellant. With her on the briefs were Cheryl C. Burke, Robert J. Kniaz and Gerard J. Stief.

Woodley B. Osborne argued the cause and filed the brief for appellee.

Before: EDWARDS, WALD and ROGERS,

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In Swanks v. WMATA, 116 F.3d 582, 583 (D.C.Cir.1997) ("Swanks I"), the court held that receipt of disability benefits under the Social Security Act, see 42 U.S.C. § 423 (1994), did not bar recovery under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 (1994), et seq., and remanded the...

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