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BARKER v. MARTIN MARIETTA MATERIALS, INC.

No. 98-4220-DES.

130 F.Supp.2d 1249 (2001)

Dennis R. BARKER, Plaintiff, v. MARTIN MARIETTA MATERIALS, INC. d/b/a Martin Marietta Aggregates, Defendant.

United States District Court, D. Kansas.

February 1, 2001.

Attorney(s) appearing for the Case

Pantaleon Florez, Jr., Florez & Frost, P.A., Topeka, KS, for Plaintiff.

Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant's Motion for Summary Judgment (Doc. 22) brought pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. Plaintiff alleges he is disabled and defendant violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") when it terminated him from his employment despite his ability to perform the essential functions of his position with...

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