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LEWIS v. SCHMIDT BAKING CO., INC.

No. 92-2636.

16 F.3d 614 (1994)

Scott E. LEWIS, Plaintiff-Appellant, v. SCHMIDT BAKING COMPANY, INCORPORATED, a Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 1994.

Attorney(s) appearing for the Case

ARGUED: Byron Craig Manford, Martinsburg, West Virginia, for appellant. Jeanne Marie Phelan, Whiteford, Taylor & Preston, Baltimore, Maryland, for appellee. ON BRIEF: Gene W. Bailey, II, Jackson & Kelly, Charleston, West Virginia, for appellee.

Before NIEMEYER, Circuit Judge, CHAPMAN, Senior Circuit Judge, and KAUFMANN, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

Scott E. Lewis was fired by Schmidt Baking Company, Inc., from his position as a route supervisor in Buckeystown, Maryland, when he failed to report to work on July 13 and 14, 1990, after having been directed to do so by his supervisor. Lewis asserted that he had previously scheduled vacation for those days and that he had already committed to participating in a golf tournament. Lewis' supervisor, aware of the conflict, justified...

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