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LEHMAN v. UNITED PARCEL SERVICE, INC.

No. 06-4020-CV-C-NKL.

443 F.Supp.2d 1146 (2006)

Lary LEHMAN, Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant.

United States District Court, W.D. Missouri, Central Division.

August 8, 2006.

Attorney(s) appearing for the Case

Fredrick D. Deay, II, Overland Park, KS, George A. Barton, Phyllis Norman, The Law Offices of George a Barton, PC, Kansas City, MO, for Plaintiff.

Daniel K. O'Toole, Armstrong Teasdale, LLP, St. Louis, MO, Melody L. Nashan, Armstrong Teasdale LLP, Kansas City, MO, for Defendant.

ORDER

LAUGHREY, District Judge.

Pending before the Court is Defendant United Parcel Service's ("UPS") Motion to Dismiss [Doc. # 7]. For the reasons set forth below, the Motion will be granted in part and denied part.

I. Background

Plaintiff Lary Lehman ("Lehman") alleges the following facts in his complaint which the Court assumes to be true for the purposes of UPS's Motion to Dismiss. Lehman began working for UPS in October...

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