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TREPEL v. ROADWAY EXPRESS, INC.

No. 99-3457.

266 F.3d 418 (2001)

Dr. Martin TREPEL, Plaintiff-Appellant, v. ROADWAY EXPRESS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 17, 2001.

Attorney(s) appearing for the Case

ARGUED: P. David Palmiere (argued and briefed), McCONNELL & PALMIERE, Bloomfield Hills, Michigan, for Plaintiff-Appellant.

Steven E. Sigalow (argued), Richard H. Sayler, Deborah L. Hamilton (argued and briefed), JONES, DAY, REAVIS & POGUE, Cleveland, Ohio, for Defendant-Appellee.

ON BRIEF: P. David Palmiere, McCONNELL & PALMIERE, Bloomfield Hills, Michigan, for Appellant.

Deborah L. Hamilton, Steven E. Sigalow, JONES, DAY, REAVIS & POGUE, Cleveland, Ohio, for Appellee.

Before JONES, BATCHELDER, and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

JONES, J., delivered the opinion of the court, in which CLAY, J., joined. BATCHELDER, J. (pp. 427-29), delivered a separate dissenting opinion.

OPINION

NATHANIEL R. JONES, Circuit Judge.

Plaintiff, Dr. Martin Trepel ("Trepel"), sued Roadway Express, Inc. ("Roadway Express or Roadway"), a common carrier, in the United States District Court for the Northern District of Ohio for damages to an article of African...

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