KIELY v. HEARTLAND REHABILITATION SERVICES, INC.

No. 02-2054.

359 F.3d 386 (2004)

Daniel P. KIELY, Plaintiff-Appellant, v. HEARTLAND REHABILITATION SERVICES, INC., and Health Care and Retirement Corporation, d/b/a Georgian Bloomfield, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2004.


Attorney(s) appearing for the Case

ARGUED: Charles M. Sirhal, Bloomfield Hills, Michigan, for Appellant.

Susan Healy Zitterman, KITCH, DRUTCHAS, WAGNER, DeNARDIS & VALITUTTI, Detroit, Michigan, for Appellee.

ON BRIEF: Charles M. Sirhal, Bloomfield Hills, Michigan, for Appellant.

Susan Healy Zitterman, Karen B. Berkery, KITCH, DRUTCHAS, WAGNER, DeNARDIS & VALITUTTI, Detroit, Michigan, for Appellee.

Before: DAVID A. NELSON, GILMAN, and ROGERS, Circuit Judges.


NELSON, J., delivered the opinion of the court, in which ROGERS, J., joined. GILMAN, J. (pp. 10-11), delivered a separate opinion concurring in part and dissenting in part.

OPINION

DAVID A. NELSON, Circuit Judge.

This is a disability discrimination case brought under Michigan law. The question we are asked to decide is whether, notwithstanding the plaintiff's attempt to reconcile what looked like inconsistent positions, the fact that the plaintiff...

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