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REVISED April 12, 2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

United States Court of Appeals Fifth Circuit

FILED

No. 08-51175

March 22, 2010

EDWARD CARMONA

Charles R. Fulbruge III Clerk

Plaintiff-Appellant

v.

SOUTHWEST AIRLINES COMPANY

Defendant-Appellee

Appeal from the United States District Court for the Western District of Texas

Before GARWOOD, OWEN, and SOUTHWICK, Circuit Judges. GARWOOD, Circuit Judge:

Plaintiff-appellant, Edward Carmona, sued defendant-appellee, Southwest Airlines Co. (Southwest), claiming that the termination of his employment violated Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA). The case was tried before a jury, which found that Southwest had discriminated against Carmona because of his disability and awarded him $80,000.00 in lost wages. The jury found no liability on Carmona’s Title VII claim. The district court accepted the jury’s verdict on Carmona’s Title VII claim, vacated the jury’s verdict on Carmona’s ADA claim, and granted judgment as a matter of law to Southwest. Carmona

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