DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222321P.pdf 07/28/2023 Andrew Kelly v. Omaha Public Power District
U.S. Court of Appeals Case No: 22-2321
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Kelly, Author, with Erickson and Stras, Circuit Judges]
Civil case - Uniformed Services Employment and Reemployment Rights Act.
Defendant's decision to deny plaintiff tuition reimbursement under its
plan for company-provided tuition where his entire educational costs had
been covered by G.I. Bill benefits did not amount to unlawful
discrimination under the USERRA; the benefits were denied not because of
his prior military benefits but because the company banned any duplicative
tuition assistance where the employee received tuition from any other
source.