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HATHAWAY v. CINTAS CORPORATE SERVICES, INC.

No. 1:10 CV 195.

903 F.Supp.2d 669 (2012)

Rex HATHAWAY and Tammy Hathaway, Plaintiffs v. CINTAS CORPORATE SERVICES, INC., Cintas Corporation #2 d/b/a Cintas Corporation, Cintas Fire Protection and Cintas First Aid & Safety, The Lincoln Electric Company, Air Gas — Mid America, Inc., and Air Gas — North Central, Inc., Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

October 11, 2012.

Attorney(s) appearing for the Case

Kristy M. Rans, Martin J. Gardner, Gardner & Rans PC, South Bend, IN, for Plaintiffs.

Mary Beth Arnold, Paul T. Fulkerson, Skiles Detrude, Indianapolis, IN, Lisa M. Dunkin, Daniel D. Bobilya, Bobilya & Reidy LLP, Fort Wayne, IN, Stephen P. Ellenbecker, Gloor Law Group LLC, Chicago, IL, for Defendants.

OPINION AND ORDER

JAMES T. MOODY, District Judge.

Defendant Cintas Corporate Services #2 d/b/a Cintas Corporation ("Cintas") has moved for summary judgment on Counts I, II, and III of plaintiffs' complaint. (DE # 105.) For the following reasons, that motion is granted in part and denied in part.

I. Facts and Procedural History1

Plaintiff Rex Hathaway was employed as a welder/plasma torch operator...

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