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IN RE RODRIGUEZ

No. 06-1988.

487 F.3d 1001 (2007)

In re Jose Antonio RODRIGUEZ, Debtor. Stuart Gold, Trustee for the Estate of Jose Antonio Rodriguez, Plaintiff-Appellant, v. FedEx Freight East, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 27, 2007.

Attorney(s) appearing for the Case

ARGUED: D. Rick Martin, Detroit, Michigan, for Appellant. Laura A. Brodeur, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellee. ON BRIEF: D. Rick Martin, Detroit, Michigan, for Appellant. Laura A. Brodeur, Matthew S. Disbrow, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellee.

Before: KEITH, BATCHELDER, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which KEITH, J., joined. BATCHELDER, J. (pp. ___-___), delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Jose Antonio Rodriguez ("Rodriguez") sued his former employer, Defendant-Appellee FedEx Freight East, Inc. ("FedEx"), in a Michigan state court, alleging that FedEx discriminated and retaliated against him on the basis of his race, in violation...

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