SAVAGE v. FEDERAL EXP. CORP.

No. 16-5244.

856 F.3d 440 (2017)

Kenneth E. SAVAGE, Plaintiff-Appellant, v. FEDERAL EXPRESS CORPORATION, dba FedEx Express; Fedex Corporation Employees' Pension Plan; Fedex Corporation Retirement Savings Plan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 10, 2017.


Attorney(s) appearing for the Case

ARGUED: Peter Romer-Friedman , WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS, Washington, D.C., for Appellant. Terrence O. Reed , FEDERAL EXPRESS CORPORATION, Memphis, Tennessee, for Appellees. ON BRIEF: Peter Romer-Friedman , WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS, Washington, D.C., Kathryn S. Piscitelli , Orlando, Florida, Meghan M. Boone , INSTITUTE FOR PUBLIC REPRESENTATION, Washington, D.C., for Appellant. Carl K. Morrison , Joseph B. Reafsnyder , FEDERAL EXPRESS CORPORATION, Memphis, Tennessee, for Appellees.

STRANCH, J., delivered the opinion of the court in which DONALD, J., joined, and BATCHELDER, J., joined in part. BATCHELDER, J. (pp. 454-56), delivered a separate opinion concurring in part and dissenting in part.


OPINION

Kenneth Savage worked as an aviation mechanic for FedEx, while simultaneously serving as a lieutenant in the United States Naval Reserve. He was terminated by FedEx for violating its reduced-rate shipping policy and acceptable conduct policy. Savage brought claims against Federal Express Corporation...

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