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MOWRY v. UNITED PARCEL SERVICE

No. 04-1092.

415 F.3d 1149 (2005)

Stanley C. MOWRY, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 18, 2005.

Attorney(s) appearing for the Case

Stefan Kazmierski of Roseman & Kazmierski, L.L.C., Denver, CO, for Plaintiff-Appellant.

Judith A. Biggs (Elizabeth A. Phelan and Jose A. Ramirez, of Holland & Hart LLP, Denver, CO, with her on the brief), of Holland & Hart LLP, Boulder, CO, for Defendant-Appellee.

Before SEYMOUR, ANDERSON and LUCERO, Circuit Judges.

SEYMOUR, Circuit Judge.

Stanley C. Mowry brought this action against his former employer, United Parcel Service, Inc. (UPS), in Colorado state court alleging (1) unlawful termination in violation of public policy; (2) shorted wages; (3) retaliatory discharge; and (4) intentional infliction of emotional distress. UPS removed the case to federal district court on the basis of diversity jurisdiction. 28 U.S.C. § 1446. It then filed a motion to dismiss all claims...

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