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RYAN v. J. C. PENNEY CO., INC.

No. 79-2235.

627 F.2d 836 (1980)

Marjorie J. RYAN, Plaintiff-Appellee, v. J. C. PENNEY COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1980.

Attorney(s) appearing for the Case

Michael R. Maine, Indianapolis, Ind., for defendant-appellant.

Dennis D. Carroll, Blevins, Carroll & Schrock, Anderson, Ind., for plaintiff-appellee.

Before FAIRCHILD, Chief Circuit Judge, BAUER, Circuit Judge, and BAKER, District Judge.

BAUER, Circuit Judge.

In this diversity case, the district court denied appellant's motion for summary judgment. Ryan v. Upchurch, 474 F.Supp. 211 (S.D.Ind.1979). The district court certified its order for interlocutory appeal pursuant to 28 U.S.C. § 1292(b), and we accepted the appeal. We now reverse the district court's order, and direct the entry of an order granting summary judgment to appellant.

Plaintiff...

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