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ENTERGY OPERATIONS v. UNITED GOVERNMENT SECURITY

No. 16-1219.

856 F.3d 561 (2017)

ENTERGY OPERATIONS, INC., Plaintiff-Appellant v. UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA INTERNATIONAL UNION; United Government Security Officers of America Local 23, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 9, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Benjamin Hayden Banta , of New Orleans, LA. The following attorney(s) appeared on the appellant brief; Benjamin Hayden Banta , of New Orleans, LA, Laura E. Ogden , of Boston, MA, Keith B. Muntyan , of Boston, MA.

Counsel who presented argument on behalf of the appellee was Robert B. Kapitan , of E. Wareham, MA. The following attorney(s) appeared on the appellee brief; Steve Rauls , of Little Rock, AR, Robert B. Kapitan , of E. Wareham, MA.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.

Entergy Operations, Inc. ("Entergy") terminated Michael Phillips — a security officer at a nuclear power plant — because it thought he could not satisfy a job requirement that he pass a "fit test" for a full-face gas mask. Phillips's job requires him to be ready, in coordination...

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