United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

Nos. 99-1160/1778 ___________

Arnie M. Sandvick, * * Appellant/Cross-Appellee, * * Appeals from the United States v. * District Court for the * Northern District of Iowa. Amana Refrigeration, Inc., * * [UNPUBLISHED] Appellee/Cross-Appellant. * ___________

Submitted: November 24, 1999

Filed: December 9, 1999 ___________

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Arnie M. Sandvick appeals from the district court’s1 order granting summary judgment to Amana Refrigeration, Inc. (Amana) in his action for damages under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, and the Family Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654. Amana cross appeals, arguing it was error to excuse Mr. Sandvick’s late notice of appeal. After carefully reviewing

1 The Honorable Michael J. Melloy, Chief Judge, United States District Court for the Northern District of Iowa. the record and the parties’ briefs, we affirm the judgment for the reasons stated by the district court, see 8th Cir. R. 47B, and we dismiss the cross appeal as moot.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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