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LANDERS v. NAT. R.R. PASSENGER CORP.

No. 02-2841.

345 F.3d 669 (2003)

Richard P. Landers, Plaintiff-Appellant v. National Railroad Passenger Corporation, doing business as Amtrak, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 30, 2003.

Attorney(s) appearing for the Case

Charles Leo Friedman, argued, Minneapolis, MN, for appellant.

David J. Duddleston, argued, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, BRIGHT and MURPHY, Circuit Judges.

LOKEN, Chief Judge.

After rating the performance of its managers, Amtrak terminated the lowest rated ten percent, including Richard P. Landers, a Service Manager for the Empire Builder line. Landers commenced this lawsuit in Minnesota state court, asserting state law claims for defamation, breach of a term of employment contained in a superseded Amtrak employee policy, and disability discrimination. Amtrak removed the diversity case to federal court. Prior to trial...

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