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HOBBS v. LABOR COM'N

No. 981742-CA.

991 P.2d 590 (1999)

1999 Utah Ct. App. 308

Max HOBBS, Petitioner, v. LABOR COMMISSION; Labor Commission Appeals Board; and Delta Airlines, Inc., Respondents.

Court of Appeals of Utah.

October 28, 1999.

Attorney(s) appearing for the Case

Steven W. Dougherty and Shayne R. Kohler, Anderson & Karrenberg, Salt Lake City, for Petitioner.

Alan Hennebold, Salt Lake City, for Respondent Labor Commission.

Frederick R. Thaler and Janet Hugie Smith, Ray, Quinney & Nebeker, Salt Lake City, and Benjamin A. Stone, Atlanta, Georgia, for Respondent Delta Airlines.

Before GREENWOOD, Associate P.J., BILLINGS, and JACKSON, JJ.

OPINION

BILLINGS, Judge:

¶ 1 Petitioner Max Hobbs appeals from an order of the Utah Labor Commission's Appeals Board (Appeals Board) affirming the Administrative Law Judge's (ALJ) granting of Delta Air Lines's (Delta) motion to dismiss Hobbs's handicap discrimination claim, determining it was preempted by federal law. We reverse and remand.

BACKGROUND

¶ 2 Hobbs worked as a baggage handler...

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