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E.E.O.C. v. BURLINGTON NORTHERN & SANTA FE RY. CO.

Case No. 07-2450.

621 F.Supp.2d 587 (2009)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. BURLINGTON NORTHERN & SANTA FE RAILWAY CO., Defendant.

United States District Court, W.D. Tennessee, Western Division.

June 3, 2009.

Attorney(s) appearing for the Case

Deidre Smith, Faye A. Williams, Steven W. Dills, Equal Employment Opportunity Commission, Memphis, TN, for Plaintiff.

Bryan P. Neal, Stephen F. Fink, Thompson & Knight, Dallas, TX, Lawrence M. Stroik, Burlington Northern Railroad Company, Fort Worth, TX, Ralph T. Gibson, Bateman Gibson & Childers, Memphis, TN, for Defendant.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

SAMUEL H. MAYS, JR., District Judge.

Plaintiff Equal Employment Opportunity Commission ("EEOC") brings this action against Defendant Burlington Northern & Santa Fe Railway Co. ("BNSF") on behalf of Emerson Payne1 ("Payne") for employment discrimination in violation of Title I of the Americans with Disabilities Act of 1990 ("ADA"...

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