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SMITH v. SEARS, ROEBUCK AND CO.

No. CIV. 3:01-CV-675LN.

276 F.Supp.2d 603 (2003)

Rodney R. SMITH, Plaintiff, v. SEARS, ROEBUCK AND CO., Defendant.

United States District Court, S.D. Mississippi, Jackson Division.

May 30, 2003.

Attorney(s) appearing for the Case

Joseph Patrick Frascogna, Frascogna Courtney, PLLC, Jackson, MS, David A. Szwak, Bodenheimer, Jones, Szwak & Winchell, LLP, Shreveport, LA, for Plaintiff.

Lester F. Smith, Smith & Mcarty, Jackson, MS, for Defendant.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, Chief Judge.

This cause is before the court on the motion of defendant Sears, Roebuck and Company (Sears) to dismiss or, in the alternative, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Rodney R. Smith has responded in opposition to the motion, and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, along...

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