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FRANK v. AMERICAN FREIGHT SYSTEMS, INC.

No. 85-1640.

398 N.W.2d 797 (1987)

Glenn FRANK, Appellee, v. AMERICAN FREIGHT SYSTEMS, INC., Appellant, and Baumberger & Sons Trucking, Inc., Defendant.

Supreme Court of Iowa.

Rehearing Denied February 16, 1987.

Attorney(s) appearing for the Case

Donald A. Wine and Kimberly K. Mauer of Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, for appellant.

Kevin M. Abel of Belin, Harris, Helmick, Tesdell, Lamson, Blackledge & McCormick, for appellee.

Considered by REYNOLDSON, C.J., and HARRIS, LARSON, SCHULTZ and CARTER, JJ.

LARSON, Justice.

Glenn Frank was turned down as a truck driver for American Freight Systems, Inc. because of a back problem which, under company rules, automatically excluded him from consideration. Frank filed a complaint with the Iowa Civil Rights Commission, alleging disability discrimination under Iowa Code section 601A.6 (1981). The commission did not rule on the merits of the complaint but issued a "right to sue" letter, Iowa Code § 601A.16, and Frank pursued...

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