Harry Fowler v. Werner Enterprises, No. 10-1103 (8th Cir. 2010)

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Court Description: [Loken, Bye, and Shepherd] Civil Case - Americans with Disabilities Act. Adverse grant of summary judgment in action alleging discrimination and retaliation is affirmed, as there are no genuine issues of material fact to support claim of discrimination or retaliation.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-1103 ___________ Harry R. Fowler, Appellant, v. Werner Enterprises, Appellee. * * * Appeal from the United States * District Court for the * District of Nebraska. * * [UNPUBLISHED] * * ___________ Submitted: June 10, 2010 Filed: June 21, 2010 ___________ Before LOKEN, BYE, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Harry Fowler appeals the district court s1 adverse grant of summary judgment in his action alleging discrimination and retaliation under the Americans with Disabilities Act. After careful de novo review of the record, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we conclude that there is no genuine issue of material fact to support Fowler s claim that his employer, Werner Enterprises, regarded him as having a disability or that it retaliated against him for filing discrimination charges. We also reject as meritless Fowler s arguments concerning 1 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska. venue, his pro se status in this matter, and the grant of summary judgment without a hearing. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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