FOSTER v. MOUNTAIN COAL COMPANY, LLC

No. 15-1025.

830 F.3d 1178 (2016)

Eugene FOSTER, Plaintiff-Appellant, and Robert Fisk, Plaintiff, v. MOUNTAIN COAL COMPANY, LLC; Arch Western Resources, LLC; Arch Coal, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 26, 2016.


Attorney(s) appearing for the Case

Damon J. Davis ( J. Keith Killian , with him on the briefs) Killian Davis Richter & Mayle, P.C., Grand Junction, Colorado, for Plaintiff-Appellant.

Jeffrey T. Johnson ( Bradford J. Williams , and Stephen G. Masciocchi , with him on the brief) Holland & Hart, LLP, Denver, Colorado, for Defendants-Appellees.

Before LUCERO, MATHESON, and PHILLIPS, Circuit Judges.


Eugene Foster appeals from a district-court order granting summary judgment in favor of Mountain Coal Company, LLC (Mountain Coal) on his retaliation claims under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12203(a). Specifically, Foster appeals the district court's dispositive conclusion that his requests...

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