PETTY v. METRO. GOV'T OF NASHVILLE-DAVIDSON COUNTY

No. 07-5649.

538 F.3d 431 (2008)

Brian PETTY, Plaintiff-Appellant, v. METROPOLITAN GOVERNMENT OF NASHVILLE-DAVIDSON COUNTY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2008.


Attorney(s) appearing for the Case

ARGUED: Michael J. Wall, Branstetter, Stranch & Jennings, Nashville, Tennessee, for Appellant. Kevin C. Klein, Metropolitan Department of Law, Nashville, Tennessee, for Appellee. ON BRIEF: Michael J. Wall, James G. Stranch III, Branstetter, Stranch & Jennings, Nashville, Tennessee, for Appellant. Kevin C. Klein, Metropolitan Department of Law, Nashville, Tennessee, for Appellee.

Before: KENNEDY, BATCHELDER, and GRIFFIN, Circuit Judges.


OPINION

ALICE M. BATCHELDER, Circuit Judge.

Plaintiff-Appellant Brian Petty appeals the district court's summary judgment and judgment on partial findings in favor of Metropolitan Government of Nashville-Davidson County ("Metro") on claims that Metro violated his rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. §§ 4301-4334. Because the district court erred in its application of §§...

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