BURRELL v. DR. PEPPER/SEVEN UP BOTTLING GROUP

No. 06-10267.

482 F.3d 408 (2007)

Darrell L. BURRELL, Plaintiff-Appellant, v. DR. PEPPER/SEVEN UP BOTTLING GROUP, INC.; Dr. Pepper/Seven Up Bottling Group, L.P., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 20, 2007.


Attorney(s) appearing for the Case

Yona Rozen (argued), Karla S. Jackson, Gillespie, Rozen, Watsky, Motley & Jones, Dallas, TX, for Plaintiff-Appellant.

Brent L. Dyer (argued), Michael C. Kelsheimer, Looper, Reed & McGraw, Dallas, TX, for Defendants-Appellees.

Before DAVIS and STEWART, Circuit Judges, and GODBEY, District Judge.


W. EUGENE DAVIS, Circuit Judge:

Darrell L. Burrell ("Burrell") appeals the dismissal on summary judgment of his employment discrimination and retaliation claims against defendant Dr. Pepper/Seven Up Bottling Group, L.P. ("Dr. Pepper"). We AFFIRM in part and VACATE and REMAND in part.

I.

Burrell, an African-American male, began his employment with Dr. Pepper as the Corporate Purchasing Manager in May 2001. Burrell initially worked under Penny Soriano...

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