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NIELSEN v. MORONI FEED CO.

No. 97-4118.

162 F.3d 604 (1998)

Joseph C. NIELSEN, individually and on behalf of all similarly situated shareholders of Moroni Feed Company, Plaintiff-Appellant, v. MORONI FEED COMPANY, a Utah Corporation; Tim Blackham, Individually and as Chairman of the Board of Directors of Moroni Feed Company; David Bailey, individually and as President of Moroni Feed Company; Carol Blain, individually; Frank Cook, individually and as Vice President of Moroni Feed Company; Blake Donaldson, individually; and Parry Olson, individually and as a member of the Board of Directors of Moroni Feed Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 9, 1998.

Attorney(s) appearing for the Case

David L. Barclay and Lynn S. Davies, Richards, Brandt, Miller & Nelson, Salt Lake City, Utah (Mark L. McCarty with them on the briefs) for Appellant-Petitioner.

Stanley J. Preston, Snow, Christensen & Martineau, Salt Lake City, Utah (Michael R. Carlston and Camille N. Johnson with him on the briefs) for Appellees-Respondents.

Before SEYMOUR, Chief Judge, and EBEL and KELLY, Circuit Judges.

EBEL, Circuit Judge.

Joseph C. Nielsen ("Nielsen") was terminated from his position as President of the Moroni Feed Company ("Moroni Feed") after repeated incidents in which Nielsen was found, uninvited, in private homes in the local community, including the homes of Moroni Feed employees. Nielsen sued Moroni Feed under the ADA, claiming that the real reason for his termination was an erroneous perception on behalf of his employer that he illegally used prescription...

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