Legal Opinion

Gerry MILES, Appellant, v. ERTL COMPANY, Appellee

Court of Appeals for the Eighth Circuit

Decided December 19, 1983No. 83-2334PublishedCited by 18 opinions

1Per curiam

Gerry Miles appeals from the district court’s dismissal of his civil rights complaint for failure to comply with the formal requirements of Fed.R.Civ.P. 8(a)(1), 8(a)(2), 8(e)(1), 10(a), 10(c), and 12(e), and local rules 1.10.2, 1.10.4, and 1.10.6. We believe dismissal was improper and we reverse.

Miles alleges discriminatory disciplinary treatment by the Ertl Company. He was suspended for eight days when he slapped a female employee in response to her use of a racial slur; the woman was suspended for four days. Ertl then warned all employees that they would be fired for fighting or using…

2Cases cited3 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Drone v. HuttoCourt of Appeals for the Eighth Circuit · 1977
  3. United States v. National Treasury Employees UnionDistrict Court, W.D. Pennsylvania · 1980

3Cited by18 opinions

  1. Zane Brent Edgington v. Missouri Department of Corrections Mel Carnahan Robert Schoenen Donna Schriro Cranston Mitchell Julie IvesCourt of Appeals for the Eighth Circuit · 1995
  2. David Paul Voytik v. United StatesCourt of Appeals for the Eighth Circuit · 1985
  3. Duane Joseph Smith v. Thomas E. Hundley Paul Hedgepeth James G. Helling Vande Krol, as ChaplainCourt of Appeals for the Eighth Circuit · 1999
  4. Bruce Ring v. First Interstate Mortgage, Inc. Federal National Mortgage AssociationCourt of Appeals for the First Circuit · 1993
  5. DePugh v. SmithDistrict Court, N.D. Iowa · 1995

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