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MORRISS v. BNSF RY. CO.

No. 14-3858.

817 F.3d 1104 (2016)

Melvin A. MORRISS, III, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, a Delaware corporation, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus on Behalf of Appellant(s). Chamber of Commerce of the United States, Amicus on Behalf of Appellee(s). AARP, Amicus on Behalf of Appellant(s). Equal Employment Advisory Council; National Federation of Independent Business Small Business Legal Center, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: April 5, 2016.

Attorney(s) appearing for the Case

Ari David Riekes and Jennifer L. Turco Meyer, argued, Omaha, NE, for Plaintiff-Appellant.

Bryan P. Neal , argued Dallas, TX ( Nichole S. Bogen , on the briefs, Lincoln, NE), for Defendant-Appellee.

Ann W. King , argued, Washington, DC, for amicus EEOC.

Daniel B. Kohrman , Dara S. Smith , Washington, DC, for amicus AARP.

Rae T. Vann , Karen R. Harned , Kathryn L. Comerford Todd , Warren Postman , Elizabeth Milito , Washington, DC, for amici Chamber of Commerce of the United States; Equal Employment Advisory Council; National Federation of Independent Business-Small Business Legal Center.

Before WOLLMAN, BRIGHT, and LOKEN, Circuit Judges.

Melvin Morriss appeals from the district court's1 order granting BNSF Railway Company's (BNSF) motion for summary judgment and denying his motion for partial summary judgment on his claims that BNSF refused to hire him on account of his obesity and thereby discriminated against him in violation...

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