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NALL v. BNSF RY. CO.

No. 17-20113.

917 F.3d 335 (2019)

Flora NALL, as Personal Representative of the Estate of Michael Nall, Substituted in Place and Stead of Michael Nall, Deceased, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED February 15, 2019.

Attorney(s) appearing for the Case

Nitin Sud , Sud Law, P.C., Bellaire, TX, for Plaintiff-Appellant.

Bryan Patrick Neal , Micah Randall Prude , Thompson & Knight, L.L.P., Dallas, TX, for Defendant-Appellee.

Marianne Marsh Auld , Caitlyn Hubbard , Kelly, Hart & Hallman, L.L.P., Fort Worth, TX, for Amicus Curiae Association of American Railroads.

Rae T. Vann , General Counsel, Norris, Tysse, Lampley & Lakis, L.L.P., Washington, DC, for Amici Curiae Center for Workplace Compliance, National Federation of Independent Business Small Business Legal Center.

Before ELROD, COSTA, and HO, Circuit Judges.

The panel opinion, special concurrence, and dissent previously issued in this case are withdrawn, and the following opinions are substituted in their place.

Michael Nall sued his employer, BNSF Railway Company, for disability discrimination and retaliation after he was diagnosed with Parkinson's disease...

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