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BERRYMAN v. SUPERVALU HOLDINGS, INC.

No. 10-3590.

669 F.3d 714 (2012)

Dion BERRYMAN; Robert Bush; Andre Hightower; Ronald Lanton; Jesse Smith, Plaintiffs-Appellants, Lemenzo Clegg, et al., Plaintiffs, v. SUPERVALU HOLDINGS, INC.; Peter Gunderson; Rick Zoll; Fred Dunwoodie; Cindy Keyes; John Schultz; Tim Doran; Sue Zimmerman; Carol Gibson, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 24, 2012.

Attorney(s) appearing for the Case

ARGUED: James R. Greene III , James R. Greene III & Associates, Dayton, Ohio, for Appellants. Jennifer R. Fuller , Thompson Hine LLP, Dayton, Ohio, for Appellees. Susan R. Oxford , U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae. ON BRIEF: James R. Greene III , James R. Greene III & Associates, Dayton, Ohio, for Appellants. Teresa D. Jones , Thompson Hine LLP, Dayton, Ohio, for Appellees. Susan R. Oxford , U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae.

McKEAGUE, J., delivered the opinion of the court, in which SILER, J., joined. STRANCH, J. (pp. 720-22), delivered a separate dissenting opinion.

OPINION

McKEAGUE, Circuit Judge.

Eleven current and former employees of SuperValu Holdings, Inc. ("SuperValu") who are African-American brought suit alleging, among other things, that they were exposed to a racially hostile work environment in SuperValu's warehouses. SuperValu moved for summary judgment as to each employee. In response, the employees submitted a detailed list of the incidents which formed the basis of their hostile environment claims. The...

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