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HOHN v. BNSF RY. CO.

No. 12-1041.

707 F.3d 995 (2013)

Frank HOHN, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2013.

Attorney(s) appearing for the Case

Scott C. LaBarre , argued, Denver, CO, Timothy Ryan Elder , on the brief, Baltimore, MD, for appellant.

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

Before WOLLMAN, BYE, and BENTON, Circuit Judges.

WOLLMAN, Circuit Judge.

BNSF Railway Co. (BNSF) placed locomotive machinist Frank Hohn on medical leave to have his eyes examined and thereafter did not allow him to return to his position. Hohn, who is visually impaired, filed suit, alleging that BNSF retaliated against him for reporting a safety violation and that BNSF discriminated against him based on his disability. The district court1 granted summary judgment in favor of BNSF on...

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