KELLY v. OMAHA PUBLIC POWER DIST.

No. 22-2321.

75 F.4th 877 (2023)

Andrew J. KELLY, an individual, Plaintiff-Appellant v. OMAHA PUBLIC POWER DISTRICT, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Ellen Kresha Geisler , of Omaha, NE. The following attorney(s) appeared on the appellant brief; Brian J. Brislen of Omaha, NE, and Eric Tiritilli , of Omaha, NE.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Rhianna A. Kittrell , of Omaha, NE. The following attorney(s) appeared on the appellee brief; Patrick Joseph Barrett , of Omaha, NE.

Before KELLY, ERICKSON, and STRAS, Circuit Judges.


After serving in the United States Navy, Andrew Kelly became eligible to receive education benefits under the G.I. Bill, which he used to pursue a bachelor's degree. Kelly also sought tuition assistance from his employer, Omaha Public Power District (OPPD), under the company's Employee

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