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HANCE v. NORFOLK SOUTHERN RY. CO.

No. 07-5475.

571 F.3d 511 (2009)

Kelly W. HANCE, Plaintiff-Appellee, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2009.

Attorney(s) appearing for the Case

ARGUED: James Stanton Whitehead, Sidley Austin LLP, Chicago, Illinois, for Appellant. K. Cody Allison, Tiller Allison, Nashville, Tennessee, for Appellee.

ON BRIEF: James Stanton Whitehead, Sidley Austin LLP, Chicago, Illinois, for Appellant. K. Cody Allison, Tiller Allison, Nashville, Tennessee, Phillip Leon Davidson, Nashville, Tennessee, Gregory A. Stayart, Elkhorn, Wisconsin, for Appellee.

Before: DAUGHTREY, CLAY, and McKEAGUE, Circuit Judges.

OPINION

PER CURIAM.

The defendant, Norfolk Southern Railway Company, appeals the judgment of the district court in favor of plaintiff Kelly Wayne Hance, who prevailed on his claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. §§ 4301-4333. Hance, a former Norfolk Southern employee and member of the Tennessee Army National Guard, sued Norfolk Southern, claiming that the company discharged him because...

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