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QUALITY ASSOC. v. PROCTER & GAMBLE DISTRIBUTING

No. 19-3137.

949 F.3d 283 (2020)

QUALITY ASSOCIATES, INC., Plaintiff-Appellant, v. THE PROCTER & GAMBLE DISTRIBUTING LLC; Yannis Skoufalos; Patrick Paolino; Elizabeth Radke; Michelle Eggers, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2020.

Attorney(s) appearing for the Case

ARGUED: William B. Fecher , STATMAN, HARRIS & EYRICH, LLC, Cincinnati, Ohio, for Appellant. Eric K. Combs , DINSMORE & SHOHL, LLP, Cincinnati, Ohio, for Appellees.

ON BRIEF: William B. Fecher , STATMAN, HARRIS & EYRICH, LLC, Cincinnati, Ohio, for Appellant. Eric K. Combs , DINSMORE & SHOHL, LLP, Cincinnati, Ohio, for Appellees.

MOORE, J., delivered the opinion of the court in which McKEAGUE, J., joined. GRIFFIN, J. (pp. 290-92), delivered a separate dissenting opinion.

OPINION

In February 2018, Quality Associates, Inc. ("QAI") sued Procter & Gamble Distributing LLC ("P&G") in Ohio federal court for breaking a contract with it in a racially discriminatory manner. See 42 U.S.C. § 1981. But the problem was, P&G had already sued QAI in Ohio state...

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