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DIAZ v. TYSON FRESH MEATS, INC.

No. 10-1472.

643 F.3d 1149 (2011)

James Rafael DIAZ, Plaintiff-Appellant. v. TYSON FRESH MEATS, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 28, 2011.

Attorney(s) appearing for the Case

Mark D. Sherinian , argued, Melissa C. Hasso , on the brief, West Des Moines, IA, for appellant.

Kelsey J. Knowles , argued, Mark McCormick , I and Michael R. Reck , on the brief, Des Moines , for appellee.

Before LOKEN and BYE, Circuit Judges, and MARSHALL, District Judge.

MARSHALL, District Judge.

The question is whether this Iowa-law case alleging disability retaliation was for the jury to decide. The District Court** granted summary judgment for Tyson Fresh Meats, Inc. James Diaz appeals. He made many federal and state discrimination claims in the District Court, but all have dropped out except one: he contends Tyson retaliated against him for seeking accommodation for a disabled subordinate contrary...

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