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BETTS v. COSTCO WHOLESALE CORP.

Nos. 07-2103, 07-2217.

558 F.3d 461 (2009)

Erica BETTS et al., Plaintiffs-Appellees/Cross-Appellants, v. COSTCO WHOLESALE CORPORATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2009.

Attorney(s) appearing for the Case

ARGUED: Gerald L. Pauling II, Seyfarth Shaw, Chicago, Illinois, for Appellant. Patricia L. Worrall, The Thurswell Law Firm, Southfield, Michigan, for Appellees.

ON BRIEF: Gerald L. Pauling II, William F. Dugan, Seyfarth Shaw, Chicago, Illinois, for Appellant. Patricia L. Worrall, Milton H. Greenman, The Thurswell Law Firm, Southfield, Michigan, for Appellees.

GILMAN, J., delivered the opinion of the court, in which KENNEDY, J., joined. COLE, J. (pp. 476-78), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Six former employees sued Costco Wholesale Corporation, alleging that (1) they were terminated because they are black, and (2) that they were subjected to a racially hostile work environment in violation of Michigan law. (No claim was premised on Title VII of the Civil Rights Act of 1964 or other federal cause of action.) After the district court denied Costco's motion for summary judgment, the case proceeded to...

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