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MARTIN v. HOME DEPOT U.S.A., INC.

No. A-03-CA-475-SS.

369 F.Supp.2d 887 (2005)

Thad MARTIN and Susan Wilson, individually and on behalf of all others similarly situated, Plaintiffs, v. HOME DEPOT U.S.A., INC., Defendant.

United States District Court, W.D. Texas, Austin Division.

March 31, 2005.

Attorney(s) appearing for the Case

Dennis C. Reich, Shari A. Wright, Houston, TX, Tod Aronovitz, Barbara Perez, Mary Margaret Schneider, Miami, FL, Gary E. Mason, Charles A. Schneider, Washington, DC, Gary S. Graifman and Benjamin Benson, Chestnut Ridge, NY, for Plaintiffs.

Thomas M. Bullion, III, Chris A. Blackerby, Austin, TX, David A. Rabin, John P. MacNaughton, Robert P. Alpert, Atlanta, GA; Edward E. Moss, Miami, FL, and John K. Sherk, Kansas City, MO, for Defendant.

ORDER

SPARKS, District Judge.

BE IT REMEMBERED on the 31st day of March 2005, the Court reviewed the file in the above-styled cause, and specifically Defendant Home Depot U.S.A., Inc.'s ("Home Depot") Motion for Summary Judgment, or in the Alternative, for Partial Summary Judgment [# 114]. Having considered the motion, the response and the reply, the case file as a whole, and the applicable law, the Court enters the following opinion and order.

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