THOMAS v. BERRY PLASTICS CORP.

No. 14-3100.

803 F.3d 510 (2015)

Karry L. THOMAS, Plaintiff-Appellant, v. BERRY PLASTICS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 25, 2015.


Attorney(s) appearing for the Case

Alan V. Johnson ( Danielle N. Davey , with him on the briefs) Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., Topeka, KS, for Plaintiff-Appellant.

Josh C. Harrison ( Elmer E. White, III , The Kullman Firm, Birmingham, AL, and John T. Bullock , Stevens & Brand, L.L.P., Lawrence, KS, with him on the brief) The Kullman Firm, Birmingham, AL, for Defendant-Appellee.

Before TYMKOVICH, EBEL, and GORSUCH, Circuit Judges.


Plaintiff-Appellant Karry L. Thomas — who is African American — worked for Defendant-Appellee Berry Plastics Corporation ("Berry") from 2003 to 2010. Following his termination, Thomas sued Berry, alleging that Berry terminated him in retaliation for opposing racial discrimination within the company. The district...

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