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ENGEL v. MONTANA DAKOTA UTILITIES

No. 980371.

595 N.W.2d 319 (1999)

1999 ND 111

Rodney D. ENGEL, Plaintiff and Appellant, v. MONTANA DAKOTA UTILITIES, Defendant and Appellee.

Supreme Court of North Dakota.

June 18, 1999.

Attorney(s) appearing for the Case

Paul D. Johnson, Fargo, and Mark G. Schneider of Schneider, Schneider & Phillips, Fargo, for plaintiff and appellant; argued by Paul D. Johnson.

Sarah Andrews Herman of Dorsey & Whitney, Fargo, for defendant and appellee.

SANDSTROM, Justice.

[¶ 1] Rodney D. Engel appealed from the final entry of summary judgment in his employment discrimination suit against Montana Dakota Utilities (MDU). Because Engel was not qualified for the position for which he applied, MDU did not discriminate in its failure to hire him. We affirm.

I

[¶ 2] Engel was employed by MDU as a lineman from 1978 until 1994, when he underwent open heart surgery. Following his surgery, MDU placed...

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