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GOODMAN v. PRAXAIR, INC.

No. 06-1009.

494 F.3d 458 (2007)

Marc B. GOODMAN, Plaintiff-Appellant, v. PRAXAIR, INC.; Praxair Services, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2007.

Attorney(s) appearing for the Case

ARGUED: Thomas McCarthy, Jr., Thomas McCarthy, Sr. & Associates, P.C., Annapolis, Maryland, for Appellant. Howard Robert Rubin, Sonnenschein, Nath & Rosenthal, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Amy L. Bess, William E. Copley, Sonnenschein, Nath & Rosenthal, L.L.P., Washington, D.C., for Appellees.

Before WILLIAMS, Chief Judge, WILKINSON, NIEMEYER, MICHAEL, TRAXLER, KING, GREGORY, SHEDD, and DUNCAN, Circuit Judges, and WIDENER and WILKINS, Senior Circuit Judges.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judges WILKINSON, MICHAEL, TRAXLER, KING, DUNCAN, and Senior Judges WIDENER and WILKINS joined. Chief Judge WILLIAMS wrote a separate opinion concurring in part, in which Judge SHEDD joined. Judge GREGORY wrote a separate opinion concurring in part.

Judge MOTZ, being disqualified, did not participate in this case.

OPINION

NIEMEYER, Circuit Judge:

The district...

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