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LANDIS v. PINNACLE EYE CARE, LLC

No. 07-6204.

537 F.3d 559 (2008)

Timothy LANDIS, O.D., Plaintiff-Appellant, v. PINNACLE EYE CARE, LLC, dba VisionFirst; John M. Schmitt; Louisville Optometric Centers III, Inc., Successor-in-Interest to Louisville Optometric Centers II, Inc.; Rod Rallo, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 11, 2008.

Attorney(s) appearing for the Case

ARGUED: Edward Brian Davis, Davis Law Office, Louisville, Kentucky, for Appellant. Edward J. Smith, Smith, Greenberg & Napier, PLLC, Louisville, Kentucky, for Appellees. ON BRIEF: Myrle L. Davis, Kruger, Schwartz & Morreau, Louisville, Kentucky, for Appellant. Edward J. Smith, Smith, Greenberg & Napier, PLLC, Louisville, Kentucky, for Appellees.

COLE, J. (pp. 564-65), delivered a separate concurring opinion.

OPINION

SILER, Circuit Judge.

Dr. Timothy Landis, O.D., brought suit against Pinnacle Eye Care, LLC, dba VisionFirst, John Schmitt, Louisville Optometric Centers III, Inc., successor to Louisville Optometric Centers II, Inc., and Rod Rallo (collectively "Defendants"), alleging employment discrimination based on his military service and his age. The district court granted the Defendants' motion to stay the suit and ordered the matter to arbitration. Landis...

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