UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

KENNETH M. LEMONS,
Plaintiff-Appellant,

v.

US AIR GROUP, INCORPORATED; JOHN
ELROD, individually and in his official
capacity as Reservations Manager;
LONNIE HARRIGAL, individually and in
her official capacity as Assistant
Manager; RENA HAMRICK, individually
and in her official capacity as
Production Control Manager; DONNA
BECK, individually and in her official
capacity as Supervisor; JUDI BRYDGES,
individually and in her official
capacity as a Team Assistant; MARTY
                                          No. 99-1241
HAVENS, individually and in her
official capacity as a Team Assistant;
L. R. WELCH, JR., individually and in
his official capacity as Manager of
Employee Relations; JOYCE GREENE,
individually and in her official
capacity as Personnel Representative;
DARRYL WILES, individually and in his
official capacity as Reservations
Agent; TODD HAYWOOD, individually
and in his official capacity as
Reservations Agent; JIMMY SPEAS,
individually and in his official
capacity as Supervisor,
Defendants-Appellees.
Appeal from the United States District Court
for the Middle District of North Carolina, at Greensboro.
James A. Beaty, Jr., District Judge.
(CA-97-97-6)

Submitted: June 29, 1999

Decided: September 17, 1999

Before NIEMEYER and MICHAEL, Circuit Judges,
and BUTZNER, Senior Circuit Judge.

_________________________________________________________________

Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Kenneth M. Lemons, Appellant Pro Se. Louis Whittier Doherty, KIL-
PATRICK STOCKTON, L.L.P., Winston-Salem, North Carolina,
Valerie Granfield Roush, Tom A. Jerman, O'MELVENY & MYERS,
L.L.P., Washington, D.C., for Appellees.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Kenneth Lemons appeals the district court's order dismissing his
claim under the Americans with Disabilities Act ("ADA"), 42 U.S.C.
§§ 12111 - 12117 (1994). Lemons' employment with US Air was ter-
minated in 1994, and following pursuit of his administrative reme-

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dies, he filed suit in the district court alleging discrimination on the
basis of disability. US Air moved to dismiss, claiming that Lemons
was judicially estopped from bringing a claim under the ADA
because of his application for, and receipt of, disability benefits from
the Social Security Administration. The district court granted the
motion citing McNemar v. Disney Store, Inc., 91 F.3d 610 (3d Cir.
1996). McNemar's reasoning has since been overruled by the
Supreme Court's decision in Cleveland v. Policy Management Sys.
Corp., ___ U.S. ___, 1999 WL 320795 (U.S. May 24, 1999). Accord-
ingly, we vacate the order of the district court and remand for further
proceedings consistent with Cleveland.

VACATED AND REMANDED

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