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                        as a courtesy to the reader. They are not part of the opinion of the court.

022841P.pdf   09/30/2003  Richard P. Landers  v.  Natl. RR Passenger
   U.S. Court of Appeals Case No:  02-2841
   District of Minnesota   
   Civil case - employment. Amtrak was entitled to qualified privilege 
   defense on claim that the rating employee rating plaintiff received 
   was defamatory, and the district court did not err in giving an actual 
   malice instruction; Amtrak's adoption of a personnel policy revoking 
   its previous policies, including its progressive discipline policy, 
   precluded a claim Amtrak breached plaintiff's employment contract 
   by failing to follow the rescinded progressive discipline policy; 
   district court did not err in granting Amtrak summary judgment on 
   ADA claim as plaintiff failed to show he was disabled for purposes of 
   the Act.