LAKE v. YELLOW TRANSP., INC.

No. 09-1392.

596 F.3d 871 (2010)

William LAKE, Appellant, v. YELLOW TRANSPORTATION, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 2, 2010.


Attorney(s) appearing for the Case

Stephen Charles Fiebiger, argued, Burnsville, MN, for appellant.

Rebecca Jane Bennett, argued, Cleveland, OH, Kenneth J. Kleppel, Cleveland, Lee A. Lastovich, Brian T. Benkstein, Minnesota, MN, on the brief, for appellee.

Before MURPHY, SMITH, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

William Edward Lake sued his former employer, Yellow Transportation, Inc., for race discrimination. The district court granted summary judgment to Yellow. Lake appeals under 28 U.S.C. § 1291. This court reverses and remands.

I.

Lake, an African-American, began working for Yellow in Burnsville, Minnesota, in 2004. Yellow has three categories of workers: casual, probationary, and regular. Only regular employees are subject...

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