United States Eighth Circuit

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Kosmicki v. Burlington N. & Santa Fe Ry. Co., 08-1511

In an action for reinstatement and back pay under the Americans with Disabilities Act (ADA), claiming that plaintiff's employer-railway terminated his employment because it regarded him as disabled, summary judgment for defendant is affirmed where the company articulated legitimate, nondiscriminatory reasons for plaintiff's termination and he failed to offer evidence that its stated reasons were a pretext for discrimination.

Appellate Information

  • Decided 10/27/2008
  • Published 10/27/2008


  • ARNOLD, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Robert E. O'Connor, argued, Omaha, NE, for appellant.

  • For Appellees:
  • Melanie J. Whittamore-Mantzios, argued, Thomas C. Sattler, on the brief, Lincoln, NE, for appellee.

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