No. 14-35396.

846 F.3d 1274 (2017)

Katie MAYES, individually and for and on behalf of dependent beneficiaries; J.M., a minor child; H.M., a minor child; M.M., a minor child; G.M., a minor child; K.M., a minor child, Plaintiffs-Appellants, v. WINCO HOLDINGS, INC., an Idaho corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 3, 2017.

Attorney(s) appearing for the Case

Amanda E. Ulrich (argued) and DeAnne Casperson , Holden Kidwell Hahn & Crapo P.L.L.C., Idaho Falls, Idaho, for Plaintiffs-Appellants.

Anthony Dean Bennett (argued) and Pamela S. Howland , Holland & Hart LLP, Boise, Idaho, for Defendant-Appellee.

Before: M. Margaret Mckeown, Richard C. Tallman, and Morgan Christen, Circuit Judges.


Plaintiff Katie Mayes worked at WinCo, an Idaho Falls grocery store, for twelve years. During her final years at WinCo, Mayes supervised employees on the night-shift freight crew. On July 8, 2011, Mayes was fired for taking a stale cake from the store bakery to the break room to share with fellow employees...

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