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SWANSON v. MEDICAL ACTION INDUSTRIES, INC.

No. CIV. 1:03CV179.

343 F.Supp.2d 496 (2004)

David B. SWANSON, Plaintiff, v. MEDICAL ACTION INDUSTRIES, INC., Defendant.

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

November 23, 2004.

Attorney(s) appearing for the Case

David B. Swanson, Mars Hill, NC, pro se.

Jonathan W. Yarbrough, Edwards, Ballard, Bishop, Sturm, Clark & Keim, Asheville, NC, Mark J. Swerdlin, Shawe & Rosenthal, LLP, Baltimore, MD for Medical Action Industries, Inc.

MEMORANDUM AND ORDER

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 herein, the Defendant's motion is granted and this action is dismissed.

I. SUMMARY JUDGMENT STANDARD OF REVIEW

Under the Federal Rules of Civil Procedure, summary judgment shall be awarded "if the pleadings, depositions, answers to interrogatories...

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