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Dianne Hoover, Respondent, vs. Norwest Private Mortgage Banking a division of Norwest Funding, Inc., et al., petitioners, Appellants.

ORDER

The court having considered en banc the second petition for rehearing in the above-entitled matter,

IT IS HEREBY ORDERED:

The phrase, "and that she was regarded as having a physical impairment by her supervisor" is deleted from the first paragraph of the syllabus, which is amended to read:

Employment discrimination plaintiff established a genuine issue of material fact as to whether she was disabled by presenting evidence that her symptoms from fibromyalgia materially limited her work.

The petition for rehearing is otherwise denied.

BY THE COURT: ______________________________ Alan C. Page Associate Justice

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HOOVER v. NORWEST PRIVATE MORTGAGE BANKING, C8-99-1281 (Minn. 9-6-2001)
(Sep 6, 2001)