BUMGARDNER v. SPOTLESS ENTERPRISES, INC.

No. CIV. 1:02CV269.

287 F.Supp.2d 630 (2003)

William Michael BUMGARDNER, Plaintiff, v. SPOTLESS ENTERPRISES, INC., Defendant.

United States District Court, W.D. North Carolina. Asheville Division.

October 22, 2003.


Attorney(s) appearing for the Case

C. Frank Goldsmith, Jr., Goldsmith & Goldsmith, Marion, NC, Amy E. Ray, Asheville, NC, for plaintiff.

Grant B. Osborne, McGuire, Wood & Bissette, P.A., Asheville, NC, for defendants.


MEMORANDUM OF OPINION

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendant's motion for summary judgment which is opposed by the Plaintiff. For the reasons stated below, the motion is denied.

I. STANDARD OF REVIEW

Summary judgment is appropriate if there is no genuine issue of material fact and judgment for the moving party is warranted as a matter of law. Fed.R.Civ.P. 56(c). A genuine issue exists...

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