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PEEBLES v. POTTER

No. 03-1466.

354 F.3d 761 (2004)

Kelvin D. PEEBLES, Appellant, v. John E. POTTER, Postmaster General, United States Postal Service, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2004.

Attorney(s) appearing for the Case

Kathi L. Chestnut, argued, St. Louis, Missouri, for appellant.

Stephen J. Boardman, argued, Washington, D.C. (Raymond W. Gruender, Jane Rund, and Eric J. Scharf, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BEAM, and BYE, Circuit Judges.

BEAM, Circuit Judge.

Kelvin Peebles appeals from the district court's2 adverse grant of summary judgment on his claims arising under the Rehabilitation Act of 1973 (the Act), 29 U.S.C. §§ 701 et seq. (as amended). We affirm.

I. BACKGROUND

We recite the facts, as we must at this juncture, in the light most favorable to the non-moving party, Peebles. Coleman ex rel. Coleman v. Parkman,

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