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PARKER v. CRETE CARRIER CORP.

No. 16-1371.

839 F.3d 717 (2016)

Robert J. PARKER, Plaintiff-Appellant, v. CRETE CARRIER CORPORATION, Defendant-Appellee. American Trucking Association, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 12, 2016.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Abby Osborn , of Lincoln, NE. The following attorney(s) appeared on the appellant brief; Joy Shiffermiller , of Lincoln, NE., Abby Osborn, of Lincoln, NE.

Counsel who presented argument on behalf of the appellee was Nichole S. Bogen , of Lincoln, NE. The following attorney(s) appeared on the appellee brief; Nichole S. Bogen, of Lincoln, NE.

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.

Crete Carrier Corporation required its truck drivers with Body Mass Indexes (BMIs) of 35 or greater to get medical examinations to determine whether they had obstructive sleep apnea. Crete ordered driver Robert J. Parker to undergo an examination because his BMI was over 35. Parker refused. Crete stopped giving Parker work...

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