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SMITH v. EXCEL MAINTENANCE SERVICES, INC.

No. 5:06CV-191-R.

617 F.Supp.2d 520 (2008)

Lewis SMITH, Plaintiff, v. EXCEL MAINTENANCE SERVICES, INC., Defendant.

United States District Court, W.D. Kentucky. Paducah Division.

May 16, 2008.

Attorney(s) appearing for the Case

Mark Edwards, Edwards, Brian & Kautz, Paducah, KY, for Plaintiff.

Brian S. Katz, Law Office of Brian S. Katz, Paducah, KY, for Defendant.

MEMORANDUM OPINION

THOMAS B. RUSSELL, District Judge.

This matter is before the Court upon the Defendant Excel Maintenance Services, Inc.'s ("Excel") Motion to Dismiss, or, In the Alternative, for Summary Judgment (Docket # 22). The Plaintiff Lewis Smith ("Mr. Smith") has responded (Docket # 27) and Excel has replied (Docket # 28). This matter is ripe for adjudication. For the following reasons, the Defendant's Motion to Dismiss is GRANTED and...

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