R civ p 50b because there was insufficient evidence to

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Unformatted text preview: e employer’s premises, and not using the employer’s equipment. AFFIRMED. POLEN and STEVENSON, JJ., concur. NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING. Dissent Publix was too indirect. Under this argument, someone who helps an employee get to work, such as a carpool driver, would be acting for the benefit of the employer. Wrongful Termination 97 Case #14 SMITH v. LEGGETT WIRE COMPANY BOYCE A. SMITH, a/k/a Woody Smith, Plaintiff-Appellee, v. LEGGETT WIRE COMPANY, et al., Defendants-Appellants. No. 98-6414 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 2000 U.S. App. LEXIS 16676; 2000 FED App. 0230P (6th Cir.) October 27, 1999, Argued July 17, 2000, Decided July 17, 2000, Filed PRIOR HISTORY: [*1] Appeal from the United States District Court for the Eastern District of Kentucky at Lexington. No. 95-00439. Karl S. Forester, District Judge. DISPOSITION: District court's judgment in favor of Smith REVERSED, and judgment as matter of law entered for Defendants. COUNSEL: ARGUED: Robert B. Craig, TAFT, STETTINIUS & HOLLISTER, Covington, Kentucky, for Appellants. Susan C. Sears, FROST & JACOBS, Lexington, Kentucky, for Appellee. ON BRIEF: Robert B. Craig, Mark J. Sheppard, TAFT, STETTINIUS & HOLLISTER, Covington, Kentucky, for Appellants. Susan C. Sears, Catherine S. Wright, FROST & JACOBS, Lexington, Kentucky, David R. Irvin, MOYNAHAN, IRVIN & SMITH, Nicholasville, Kentucky, for Appellee. JUDGES: Before: MARTIN, Chief Judge; SUHRHEINRICH and SILER, Circuit Judges. SUHRHEINRICH, J., delivered the opinion of the court, in which SILER, J., joined. MARTIN, C. J., delivered a separate dissenting opinion. OPINIONBY: SUHRHEINRICH OPINION: SUHRHEINRICH, Circuit Judge. Defendants Adcom Wire Company and Leggett & Platt, Inc., appeal an order awarding Plaintiff Boyce A. Smith $ 100,000, plus attorney's fees and costs, for wrongful termination of employment based on a jury's finding of racial [*2] discrimination. Defendants claim that the district court er...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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