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00-1757•Patrice Greer v. St. Louis Regional
00-1757United States Court Of Appeals For The 8th CircuitJul 31, 2001
1The Honorable David S. Doty, United States District Judge for the District of
Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 00-3209
___________
James M. Rush, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
Metropolitan Council Transit *
Operations, a political subdivision, * [UNPUBLISHED]
*
Appellee. *
___________
Submitted: June 15, 2001
Filed: July 5, 2001
___________
Before WOLLMAN, Chief Judge, MAGILL, and BOWMAN, Circuit Judges.
___________
PER CURIAM.
James M. Rush appeals the district court's1 grant of summary judgment for the
Metropolitan Council Transit Operations ("MCTO") in Rush's employment
discrimination action. Rush alleged that the MCTO refused to hire him because it
regarded him as disabled within the meaning of the Americans with Disabilities Act and
the Minnesota Human Rights Act. The district court concluded that the MCTO did not
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regard Rush as disabled because the MCTO's decision that Rush was unable to perform
one job, that of part-time bus driver, did not support a conclusion that he was limited
in the substantial life activity of "working."
After a careful examination of the record, this court finds that the district court
correctly granted summary judgment in favor of the MCTO. Accordingly, we affirm
for the reasons stated in the district court's thorough opinion. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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