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LINVILLE v. SEARS, ROEBUCK AND CO.

No. 02-3329.

335 F.3d 822 (2003)

Scott A. LINVILLE, Appellant, v. SEARS, ROEBUCK AND COMPANY, a Foreign Corporation of New York; Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 30, 2003.

Rehearing and Rehearing Denied: August 19, 2003.

Attorney(s) appearing for the Case

Donald H. Nichols and Nicholas G.B. May, Minneapolis, MN, for appellant.

Andrew J. Voss and Heather C. Fokken, Minneapolis, MN, for appellee.

Before MORRIS SHEPPARD ARNOLD, BYE, and RILEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: August 19, 2003.

PER CURIAM.

We recite the facts in the light most favorable to the appellant. Reimer v. City of Crookston, 326 F.3d 957, 959 (8th Cir. 2003). In February and March 2001, Scott Linville, a tool salesman at Sears, Roebuck and Company (Sears), was backhanded in the scrotum by coworker Kent Farnham, causing pain and injury. Despite Linville's telling him to stop,...

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