DICARLO v. POTTER

No. 02-4010.

358 F.3d 408 (2004)

Henry DiCARLO, Plaintiff-Appellant, v. John E. POTTER, Postmaster General, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 20, 2004.


Attorney(s) appearing for the Case

David A. Van Gaasbeek (argued and briefed), North Canton, OH, for Plaintiff-Appellant.

Kathleen L. Midian (argued and briefed), Asst. U.S. Attorney, Cleveland, OH, for Defendant-Appellee.

Before: KENNEDY, MARTIN, and MOORE, Circuit Judges.


Pursuant to Sixth Circuit Rule 206.

MOORE, J., delivered the opinion of the court, in which MARTIN, J., joined. KENNEDY, J. (pp. 24-26), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Henry DiCarlo ("DiCarlo") appeals the district court's grant of summary judgment in favor of Defendant-Appellee John Potter,1 Postmaster General...

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