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KOSMICKI v. BURLINGTON NORTHERN & SANTA FE R. CO.

No. 08-1511.

545 F.3d 649 (2008)

Daniel KOSMICKI, Appellant, v. BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 27, 2008.

Attorney(s) appearing for the Case

Robert E. O'Connor, argued, Omaha, NE, for appellant.

Melanie J. Whittamore-Mantzios, argued, Thomas C. Sattler, on the brief, Lincoln, NE, for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

ARNOLD, Circuit Judge.

Daniel Kosmicki brought an action for reinstatement and back pay under the Americans with Disabilities Act (ADA), 42 U.S.C. § § 12101-12213, claiming that his employer, Burlington Northern & Santa Fe Railway Company (BNSF), terminated his employment because BNSF regarded him as disabled. The district court1 granted BNSF's motion for summary judgment, holding that the company articulated legitimate,...

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