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United States Eighth Circuit


McPherson v. O'Reilly Automotive, Inc., 06-3846

In an action brought under the Americans with Disabilities Act (ADA), summary judgment for employer is affirmed as: 1) a claim that defendant terminated his employment instead of offering him a vacant position because it regarded him as disabled failed because plaintiff did not show that there were vacant positions available for which he was qualified; and 2) an ADA disclosure claim failed due to a lack of evidence regarding such disclosures.

Appellate Information

  • Decided 07/02/2007
  • Published 07/02/2007

Judges

  • MURPHY, Circuit Judge., Before MURPHY, BEAM, and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Counsel who presented argument on behalf of the appellant was Steven Williby, Kansas City, MO.

  • For Appellees:
  • Counsel who presented argument on behalf of the appellee was Larry M. Schumaker, Kansas City, MO.
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