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BOWER v. FEDERAL EXPRESS CORP.

No. 95-5511.

96 F.3d 200 (1996)

Richard A. BOWER, Plaintiff-Appellant, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 18, 1996.

Attorney(s) appearing for the Case

Connie K. Westbrook (argued and briefed), Memphis, TN, for plaintiff-appellant.

Steven H. Taylor (argued and briefed), Virginia E. Gandy (briefed), Federal Express Corp., Memphis, TN, for defendant-appellee.

Before: MILBURN and BOGGS, Circuit Judges; and QUIST, District Judge.

BOGGS, Circuit Judge.

This case presents a statutory interpretation issue of first impression arising under the Air Carriers Access Act of 1986 ("ACAA"). Richard A. Bower, a handicapped individual, appeals from the district court's dismissal of his employment benefits discrimination complaint under Fed.R. 12(b)(6) for failure to state a claim upon which relief can be granted and we now reverse.

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