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DeBOSE v. STATE

Nos. 97-3541, 97-3544.

207 F.3d 1020 (1999)

Denise DeBOSE, Appellee, and United States of America, Intervenor on Appeal, v. STATE OF NEBRASKA, Appellant. James McCullough, Appellee, and United States of America, Intervenor on Appeal, v. State of Nebraska, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1999.

Rehearing and Rehearing Denied September 14, 1999.

Attorney(s) appearing for the Case

Melanie J. Whittamore-Mantizios, Lincoln, NE, argued (Suzanna Glover-Ettrich, on the brief), for Appellant.

Thom K. Cope, Lincoln, NE, argued, for Appellees.

Before WOLLMAN, Chief Judge, and BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 1999.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The Nebraska Equal Opportunity Commission (NEOC) fired two of its case investigators, Denise DeBose and James McCullough, because, the NEOC says, they repeatedly and grossly failed to meet their case quotas and performed their work in an untimely fashion. Both Ms. DeBose and Mr. McCullough claim to suffer from clinical depression, and they maintain that their...

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