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McCLEAN v. CASE CORP., INC.

No. CIV. A3-02-134.

314 F.Supp.2d 911 (2004)

Jeffrey O. McCLEAN, Plaintiff, v. CASE CORPORATION, INC., Defendant.

United States District Court, D. North Dakota, Southeastern Division.

April 20, 2004.

Attorney(s) appearing for the Case

Patricia R. Monson, Douglas W. Gigler, Nilles, Hansen & Davies, Ltd., Fargo, ND, for Plaintiff.

Sarah Andrews Herman, Lynn Marie Block, Dorsey & Whitney, Fargo, ND, for Defendant.

MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

ERICKSON, District Judge.

Before the Court is a motion by Defendant for summary judgment (doc. #17). Plaintiff filed brief in opposition (doc. #24).

SUMMARY OF DECISION

When Case had concerns about McClean's ability to perform his job and with his safety and the safety of his coworkers, it consulted with his treating physicians about McClean's condition. Case also reviewed a report...

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