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ADAIR v. CITY OF MUSKOGEE

No. 15-7067.

823 F.3d 1297 (2016)

Robert E. ADAIR, Plaintiff-Appellant, v. CITY OF MUSKOGEE, Oklahoma, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed May 26, 2016.

Attorney(s) appearing for the Case

Steven R. Hickman , Frasier, Frasier & Hickman, Tulsa, Oklahoma, for Plaintiff-Appellant.

Clark W. Crapster , Steidley & Neal, Tulsa, Oklahoma ( Sean M. McKelvey , Steidley & Neal, McAlester, Oklahoma, with him on the briefs), for Defendant-Appellee.

Before GORSUCH, PHILLIPS, and MORITZ, Circuit Judges.

Robert Adair was a firefighter with the City of Muskogee, Oklahoma (the City) when he injured his back during a training exercise. As a result of his injury, Adair completed a functional-capacity evaluation that measured and limited his lifting capabilities. After two years on paid leave, Adair received a workers' compensation...

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