Legal Opinion
Foster v. Mountain Coal Company
Court of Appeals for the Tenth Circuit
Decided July 26, 2016No. 15-1025PublishedCited by 172 opinions
1Opinion of the Court
PHILLIPS, Circuit Judge.
Eugene Foster appeals from a district-court order granting summary judgment in favor of Mountain Coal Company, LLC (Mountain Coal) on his retaliation claims under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12203(a). Specifically, Foster appeals the district court’s disposi-tive conclusion that his requests for accommodation were inadequate and untimely. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand to the district court for further proceedings. 1
FACTUAL BACKGROUND
In November 2004, Foster began working at Mountain Coal’s West Elk Mine…
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