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GARRAWAY v. DIVERSIFIED MATERIAL HANDLING INC.

No. 3:96 CV 7393.

975 F.Supp. 1026 (1997)

Derick GARRAWAY, Plaintiff, v. DIVERSIFIED MATERIAL HANDLING INC., et al., Defendants.

United States District Court, N.D. Ohio, Western Division.

July 25, 1997.

Attorney(s) appearing for the Case

Kevin J. Kenney, Bruce D. Lazar, Bischoff, Kenney, Drescher & Niehaus, Sylvania, OH, for Derick Garraway.

Thomas T. Schell, Schell & Schaefer, Toledo, OH, Stephen A. Schaefer, Law Offices of Stephen A. Schaefer, Maumee, OH, for Diversified Material Handling Inc.

Robert Z. Kaplan, Samuel Z. Kaplan, Kaplan & Lipson, Toledo, OH, for Sam Ladd.

Ann Marie Hawkins, Cleveland, OH, for ILT Diversified Material Handling, Inc.

AMENDED MEMORANDUM OPINION

KATZ, District Judge.

This matter is before the Court on Defendant Sam Ladd's motion for partial summary judgment. Defendant's motion for partial summary judgment will be granted in part and denied in part.

I. BACKGROUND

Plaintiff Derick Garraway, a black Guyanese living in the United States, was employed as a mechanic by Defendant Diversified Materials Handling (DMH) from

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