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BNSF RY. CO. v. FEIT

No. OP 11-0463.

281 P.3d 225 (2012)

2012 MT 147

BNSF RAILWAY COMPANY, a Delaware Corporation, Petitioner, v. Eric FEIT, Respondent.

Supreme Court of Montana.

Decided July 6, 2012.

Attorney(s) appearing for the Case

For Petitioner: Bryan Neal (argued), Jeff Hedger , Benjamin O. Rechtfertig , Hedger Friend, P.L.L.C.; Billings, Montana.

For Respondent: Terry N. Trieweiler (argued), Trieweiler Law Firm, Whitefish, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 The United States District Court for the District of Montana, Helena Division, the Honorable Donald W. Molloy presiding, certified the following question to this Court:

¶ 2 Is obesity that is not the symptom of a physiological condition a "physical or mental impairment" as it is used in Montana Code Annotated § 49-2-101(19)(a)?

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