This section contains the nature of the case and procedural background.

P was employed by D from 1978 until terminated in May 1993. P alleges a work-related injury which caused medical problems involving sclerosis of the cervical joints and bone-spurring, which in turn resulted in his becoming an individual with 'disability' under the American with Disabilities Act (ADA). P alleges violations of the ADA by D in his termination. P claims D's actions also caused 'severe emotional and mental distress,' and his requested relief includes compensatory damages 'for emotional pain and suffering' and reinstatement to his previous employment position. D denies P is an individual with a 'disability' and denies P could have performed and can still perform the essential functions of his employment. D seeks to compel P to submit to a mental and physical examinations.

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