Thomas Killion, et al v. KeHE Distributor

Filing

OPINION and JUDGMENT FILED: The interlocutory appeal (Case No. 13-3357) is DISMISSED for lack of jurisdiction, and the district court s grant of summary judgment (Case No. 13-4340) to KeHE Distributors, LLC is AFFIRMED IN PART and REVERSED IN PART. Eugene E. Siler, Jr., Ronald Lee Gilman (AUTHORING), and Julia Smith Gibbons, Circuit Judges. [13-3357, 13-4340]--[Edited 07/30/2014 by MMD]

Case: 13-3357

Document: 70-3

Filed: 07/30/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 13-3357/4340

FILED
THOMAS E. KILLION et al.,
Plaintiffs - Appellants,

Jul 30, 2014
DEBORAH S. HUNT, Clerk

v.
KEHE DISTRIBUTORS, LLC,
Defendant - Appellee.
Before: SILER, GILMAN, and GIBBONS, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the interlocutory appeal (Case
No. 13-3357) is DISMISSED for lack of jurisdiction, and the district court’s grant of summary
judgment (Case No. 13-4340) to KeHE Distributors, LLC is AFFIRMED IN PART and
REVERSED IN PART.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk