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MORGAN v. UNITED PARCEL SERVICE OF AMERICA

No. 02-2545, 02-2835.

380 F.3d 459 (2004)

Leslie MORGAN; Kenneth Stacker; Theodore Boldin, Class Representatives of the Plaintiff Class, Plaintiffs/Appellants/Cross-Appellees, Enoch Love; Equal Employment Opportunity Commission, Intervenor Plaintiffs, v. UNITED PARCEL SERVICE OF AMERICA, INC.; United Parcel Service, Defendants/Appellees/Cross-Appellants. Charles Cartwright, Movant/Appellant, Brian Needham, Movant, Bedell Finley; Frank Jackson, Movants/Appellants, Francis Truitt, Movant.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2004.

Attorney(s) appearing for the Case

Darlene Robinson, argued, Oakland City, IN (Virginia M. O'Leary, Kevin S. Kinkade, Scott A. Funkhouser, Oakland City, IN on the brief), for appellant.

William H. Brown, III, argued, Philadelphia, PA (Deena Jo Schneider and Jennifer Nestle, Philadelphia, PA, David W. Welch, Thomas B. Weaver, Robert A. Kaiser and Daniel K. O'Toole, St. Louis on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BEAM, and MELLOY, Circuit Judges.

BEAM, Circuit Judge.

Leslie Morgan; Kenneth Stacker, and Theodore Boldin, black managers at United Parcel Service (UPS), brought a civil rights action alleging individual and class claims of employment discrimination under Title VII and 42 U.S.C. § 1981. These individuals moved for class certification and the district court partially granted the motion, certifying four classes of employees (collectively, "Plaintiffs"). UPS moved for summary judgment on both the...

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