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DILLON v. MOUNTAIN COAL CO., L.L.C.

No. 08-1004.

569 F.3d 1215 (2009)

Jared L. DILLON, Plaintiff-Appellant, v. MOUNTAIN COAL COMPANY, L.L.C.; Arch Western Resources, L.L.C., a Delaware Corporation; Arch Coal, Inc., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 23, 2009.

Attorney(s) appearing for the Case

Damon J. Davis (J. Keith Killian, with him on the briefs), Killian, Jensen & Davis, P.C., Grand Junction, CO, for Appellant.

Jeffrey T. Johnson (Christina Gomez and Alyssa Yatsko with him on the brief), Holland & Hart LLP, Denver, CO for Appellees.

Before TACHA, SEYMOUR, and HOLMES, Circuit Judges.

TACHA, Circuit Judge.

Jared Dillon, a former employee of Mountain Coal Company, L.L.C., won a jury verdict against Mountain Coal and its parent companies (collectively, "Mountain Coal") on his claims of discrimination under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq. Thereafter, the district court granted Mountain Coal's motion for judgment as a matter of law, concluding that Mr. Dillon had not put forth sufficient evidence...

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