PROGRESSIVE DISTRIBUTION v. UPS, INC.

No. 16-1830.

856 F.3d 416 (2017)

PROGRESSIVE DISTRIBUTION SERVICES, INC., Plaintiff-Appellant, v. UNITED PARCEL SERVICE, INC.; United Parcel Service, Inc.; United Parcel Service of America, Inc., United Parcel Service Market Driver, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2017.


Attorney(s) appearing for the Case

ARGUED: Jeffrey A. Sadowski , HOWARD & HOWARD ATTORNEYS PLLC, Royal Oak, Michigan, for Appellant. Tywanda Harris Lord , KILPATRICK, TOWNSEND & STOCKTON LLP, Atlanta, Georgia, for Appellees. ON BRIEF: Jeffrey A. Sadowski , Michael F. Wais , HOWARD & HOWARD ATTORNEYS PLLC, Royal Oak, Michigan, for Appellant. Tywanda Harris Lord , Laura C. Miller , Rhojonda D.C. Thomas , KILPATRICK, TOWNSEND & STOCKTON LLP, Atlanta, Georgia, for Appellees.

CLAY, J., delivered the opinion of the court in which GRIFFIN, J., joined, and GUY, J., joined in part. GUY, J. (pp. 436-37), delivered a separate opinion concurring in part and dissenting in part.


OPINION

Plaintiff, Progressive Distribution Services, Inc. ("Progressive") brought suit against Defendants, United Parcel Service, Inc., a Delaware corporation, United Parcel Service, Inc., an Ohio corporation, United Parcel Service of America, Inc., a Delaware corporation, and United Parcel Service Market Driver,...

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