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SHELL v. BURLINGTON NORTHERN SANTA FE RAILWAY CO.

No. 19-1030.

941 F.3d 331 (2019)

Ronald SHELL, Plaintiff-Appellee, v. BURLINGTON NORTHERN SANTA FE RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 2019.

Attorney(s) appearing for the Case

Nicholas F. Esposito , Attorney, Esposito & Staubus, Burr Ridge, IL, for Plaintiff-Appellee.

Bryan P. Neal , Attorney, Stephen F. Fink , Attorney, Thompson & Knight LLP, Dallas, TX, for Defendant-Appellant.

Sydney Foster , Attorney, Jennifer S. Goldstein , Attorney, Jeremy D. Horowitz , Attorney, James L. Lee , Attorney, Equal Employment Opportunity Commission, Washington, DC, Noel J. Francisco , Attorney, Department of Justice, Office of the Solicitor General, Washington, DC, for Amicus Curiae.

Before Bauer, Manion, and Scudder, Circuit Judges.

Burlington Northern Sante Fe Railroad Company refused to hire Ronald Shell solely because it believed his obesity presented an unacceptably high risk that he would develop certain medical conditions that would suddenly incapacitate him on the job. Shell sued BNSF under the Americans with Disabilities Act, alleging that BNSF...

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