Court of Appeals for the Tenth Circuit February 26, 2007, 04-3205 (Zamora v. Elite Logistics, Inc.)

McCONNELL, Circuit Judge,

concurring and concurring in the judgment, joined by KELLY, O’BRIEN, and TYMKOVICH, Circuit Judges, joined by GORSUCH, Circuit Judge, except for the last paragraph of Section III, and joined in Section V by HOLMES, Circuit Judge.