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HIGGINS v. UNION PACIFIC RAILROAD CO.

No. 18-1902.

931 F.3d 664 (2019)

Jon D. HIGGINS, Plaintiff-Appellant, v. UNION PACIFIC RAILROAD CO., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 24, 2019.

Attorney(s) appearing for the Case

Charles Austin Delbridge , Anna P. Prakash , David E. Schlesinger , NICHOLS & KASTER, Minneapolis, MN, Corey Lane Stull , ATWOOD & HOLSTEIN, Lincoln, NE, for Plaintiff-Appellant.

Allison Balus , David P. Kennison , Sara A. McCue , Scott P. Moore , BAIRD & HOLM, Omaha, NE, for Defendant-Appellee.

Before COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.

Jon Higgins has chronic back pain. He asked his employer, Union Pacific Railroad ("Union Pacific"), to accommodate his back pain by allowing him to take time off "as necessary" and receive "24 hours of rest per shift (between shifts)." Union Pacific denied his request. Higgins then sued Union Pacific for, among other things...

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