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183294P.pdf   03/11/2020  Jerry Cook  v.  George's, Inc.
   U.S. Court of Appeals Case No:  18-3294
   U.S. District Court for the Western District of Arkansas - Fayetteville   
[PUBLISHED] [Melloy, Author, with Kelly and Stras, Circuit Judges] Civil case - Employment discrimination. The district court erred in dismissing plaintiff's ADA claims for failure to make a prima facie case; the allegations in plaintiff's complaint were sufficient to state a claim based on the statutory elements of an ADA claim, as plaintiff plausibly alleged defendant refused to consider rehiring him because of his disability; plaintiff's request to amend his complaint was not futile and should have been granted; remanded for further proceedings. Judge Stras, dissenting.