Chester Kidd v. AIRBORNE EXPRESS, INC., a/k/a Airborne Freight Corporation

The Honorable David L. Bunning, United States District Judge for the Eastern District of*
Kentucky, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 06a0805n.06
Filed: November 1, 2006
No. 06-5146
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
CHESTER KIDD
Plaintiff-Appellant,
v.
AIRBORNE EXPRESS, INC., a/k/a Airborne
Freight Corporation; DHL EXPRESS (USA),
INC., a/k/a DHL Worldwide Express, Inc.
Defendants-Appellees.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
Before: MARTIN and COOK, Circuit Judges; and BUNNING, District Judge.*
PER CURIAM. Chester Kidd appeals the district court’s order granting summary judgment
for Airborne Express. Having reviewed the record and the applicable law, and having the benefit
of oral argument and the parties’ briefs, we determine that no jurisprudential purpose would be
served by a panel opinion and affirm the district court’s decision for the reasons stated in that court’s
opinion. We will not consider Kidd’s argument, raised for the first time on appeal, that the test
announced in Christian v. Wal-Mart Stores, Inc., 252 F.3d 862 (6th Cir. 2001), governs his case.

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