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COOK v. GEORGE'S, INC.

No. 18-3294.

952 F.3d 935 (2020)

Jerry COOK, on behalf of himself and all others similar situated, Plaintiff-Appellant, v. GEORGE'S, INC., Defendant-Appellant. Glen Balch, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: March 11, 2020.

Attorney(s) appearing for the Case

Lucien Ramseur Gillham , Luther Oneal Sutter , SUTTER & GILLHAM, Benton, AR, for Plaintiff-Appellant.

Kristy E. Boehler , K.C. Dupps Tucker , Gary V. Weeks , LAW GROUP OF NORTHWEST ARKANSAS LLP, Fayetteville, AR, for Defendant - Appellee.

Before KELLY, MELLOY, and STRAS, Circuit Judges.

The primary issue in this discrimination-in-hiring action is whether Jerry Cook's complaint states a claim under the Americans with Disabilities Act (ADA). 42 U.S.C. § 12101 et seq. The district court granted Defendant's motion to dismiss because Cook failed to allege the elements of a prima facie case of discrimination...

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