Joe Solo, et al v. United Parcel Service Co.

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OPINION and JUDGMENT filed : The district court s dismissal of Solo s claim under 49 13708(b) is AFFIRMED, its dismissal of the remaining claims is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. Decision for publication. Jane Branstetter Stranch (AUTHORING), Bernice Bouie Donald, and Kermit Victor Lipez, Circuit Judges. The Honorable Kermit V. Lipez, Circuit Judge for the United States Court of Appeals for the First Circuit, sitting by designation.

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Case: 15-1426 Document: 44-3 Filed: 03/18/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 15-1426 JOE SOLO; BLEACHTECH L.L.C., on behalf of themselves and all others similarly situated, Plaintiffs - Appellants, FILED Mar 18, 2016 DEBORAH S. HUNT, Clerk v. UNITED PARCEL SERVICE CO., Defendant - Appellee. Before: STRANCH, DONALD, and LIPEZ, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Detroit. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s dismissal of Solo’s claim under 49 § 13708(b) is AFFIRMED, its dismissal of the remaining claims is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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