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012959P.pdf   07/22/2002  Stephen C. Orr  v.  Wal-Mart Stores
   U.S. Court of Appeals Case No:  01-2959
   District of Nebraska   
   Civil case - civil rights. Plaintiff, a diabetic, does not have an 
   actual disability which presently and substantially limits a 
   major life activity, and he is not disabled under the Americans 
   with Disabilities Act or Nebraska Fair Employment Practices 
   Act; claim that eating is a major life activity that is substantially 
   limited due to diabetes and that the necessity of adhering to 
   a strict dietary regimen substantially limits the major life 
   activity of working was not raised below and would not be 
   considered on appeal; dissent by Judge Lay.