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SMITH v. CRESTON MUNICIPAL UTILITIES/WATER DEPARTMENT

No. 0-581/10-0181.

DAVID F. SMITH, Plaintiff-Appellant, v. CRESTON MUNICIPAL UTILITIES/ WATER DEPARTMENT, Defendant-Appellee.

Court of Appeals of Iowa.

Filed November 24, 2010.

Attorney(s) appearing for the Case

James L. Sayre of James L. Sayre, P.C., Clive, for appellant.

Patrick D. Smith of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee.

Heard by Mansfield, P.J., and Danilson and Tabor, JJ.

MANSFIELD, P.J.

Plaintiff David Smith appeals the district court's grant of summary judgment to defendant Creston Municipal Utilities (CMU) on his claims of disability discrimination under the Iowa Civil Rights Act, see Iowa Code § 216.6(1)(a) (2009), and retaliatory discharge in violation of public policy. We agree Smith failed to put forth a genuine issue of material fact that his work restrictions amounted to a disability or that he was...

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