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JONES v. U.P.S., INC.

Nos. 06-3088, 06-3095.

502 F.3d 1176 (2007)

Keith JONES, Plaintiff-Appellant/Cross-Appellee, v. UNITED PARCEL SERVICE, INC., Defendant-Appellee/Cross-Appellant. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 13, 2007.

Attorney(s) appearing for the Case

George A. Barton, Law Offices of George A. Barton, P.C., Kansas City, MO (Fredrick D. Deay, II, Law Offices of Fredrick D. Deay, II, Overland Park, KS, with him on the briefs), appearing for Plaintiff-Appellant.

Thomas B. Weaver, Armstrong Teasdale LLP, St. Louis, MO (Daniel K. O'Toole, Armstrong Teasdale LLP, St. Louis, Missouri; Laurence R. Tucker and Melody L. Nashan, Armstrong Teasdale LLP, Kansas City, MO, on the briefs), appearing for Defendant-Appellee.

Dori K. Bernstein, Attorney (James L. Lee, Deputy General Counsel, Lorraine C. Davis, Acting Associate General Counsel, and Carolyn L. Wheeler, Assistant General Counsel, with her on the brief), United States Equal Employment Opportunity Commission, Washington, DC, appearing for Amicus Curiae.

Before TACHA, Chief Judge, TYMKOVICH, and HOLMES, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiff-Appellant Keith Jones appeals the District Court's grant of summary judgment in favor of Defendant-Appellee United Parcel Service, Inc. ("UPS") on his claims of disability discrimination and retaliation under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101, et seq. UPS cross-appeals the District Court's assertion of subject matter jurisdiction over the case, arguing that Mr. Jones failed to exhaust...

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