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JARVIS v. NOBEL/SYSCO FOOD SERVICES CO.

Nos. 91-1225, 91-1256.

985 F.2d 1419 (1993)

Billy Lee JARVIS, Plaintiff-Appellant/Cross/Appellee, v. NOBEL/SYSCO FOOD SERVICES COMPANY, Defendant-Appellee/Cross-Appellant, and Local 435 Delivery Drivers, Warehouseman and Helpers, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 12, 1993.

Attorney(s) appearing for the Case

David L. Smith, Denver, CO, for plaintiff-appellant/cross-appellee.

Theodore Olsen (James E. Hautzinger and Andrew W. Volin, on the briefs), of Sherman & Howard, Denver, CO, for defendant-appellee/cross-appellant Nobel/Sysco Food Services Co.

Eugene A. Duran, General Counsel, Delivery Drivers, Warehousemen and Helpers, Local Union No. 435, Denver, CO, for defendant-appellee Local 435.

Before McKAY, Chief Judge, SETH and BRORBY, Circuit Judges.

McKAY, Chief Judge.

Plaintiff, Billy Lee Jarvis, was employed by Defendant Nobel/Sysco Food Service Company and was a member of Defendant Delivery Drivers, Warehousemen and Helpers, Local Union No. 435. On September 21, 1988, he took a leave of absence from Nobel because of a work-related injury to his left wrist. He returned to work under medical restrictions on August 21, 1989, but was asked to leave within three hours. On September 22, 1989, Nobel terminated his...

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