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LINCOLN v. BNSF RY. CO.

No. 17-3120.

900 F.3d 1166 (2018)

Larry D. LINCOLN; Brad C. Mosbrucker, Plaintiffs-Appellants, v. BNSF RAILWAY COMPANY, Defendant-Appellee. U.S. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 17, 2018.

Attorney(s) appearing for the Case

David E. Schlesinger , Nichols Kaster, PLLP, Minneapolis, Minnesota ( Charles A. Delbridge and Lindsey Krause , Nichols Kaster, PLLP, Minneapolis, Minnesota; and Sean M. McGivern , Graybill & Hazlewood LLC, Wichita, Kansas, with him on the briefs), for Plaintiffs-Appellants.

David R. Cooper , Fisher, Patterson, Sayler & Smith, L.L.P., Topeka, Kansas ( Bryan P. Neal , Thompson & Knight LLP, Dallas, Texas, with him on the brief), for Defendant-Appellee.

Gail S. Coleman , Attorney ( James L. Lee , Deputy General Counsel; Jennifer S. Goldstein , Associate General Counsel; and Elizabeth E. Theran , Acting Assistant General Counsel, with her on the brief), United States Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae United States Equal Employment Opportunity Commission

Before MATHESON, PHILLIPS, and McHUGH, Circuit Judges.

Several years after a tank car spill accident, Larry D. Lincoln and Brad C. Mosbrucker (collectively "Appellants") advised BNSF Railway Company ("BNSF") that medical conditions attributable to the accident rendered them partially, permanently disabled and prevented them from working outdoors. Upon learning of Appellants' alleged...

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