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Case Number: 21-3218
Judge: Hartz, Holmes and McHugh
Court: United States Court of Appeals for the Tenth Circuit on appeal from the District of Kansas (Wyandotte County)
Defendant's Attorney: Michael E. Amash, Samathan L. Groark
Description: Kansas City, Kansas civil rights lawyer represent Plaintiff who sued Defendant on a job discrimination theory because of his race.
Anthony J. Hampton was formerly employed by Frito-Lay, Inc. After he was
terminated he filed a complaint against Bakery, Confectionery & Tobacco Workers
and Grain Millers International Union of America, Local 218, AFL-CIO (the Union),
which represents employees of Frito-Lay in collective bargaining. The complaint
asserts claims for breach of the duty of fair representation (DFR) and for race
discrimination in violation of 42 U.S.C. § 1981. The district court granted the
Union’s motion to dismiss the complaint under Fed. R. Civ. P. 12(b)(6) for failure to
state a claim and entered judgment for the Union.