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HATHCOCK v. ACME TRUCK LINES, INC.

No. 00-20810.

262 F.3d 522 (2001)

Bobby Hathcock, Plaintiff-Appellant, v. Acme Truck Lines, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 3, 2001.

Attorney(s) appearing for the Case

Richard Neill Countiss (argued), Law Office of Richard N. Countiss, Herbert Tobias Schwartz, Williams Bailey Law Firm, Houston, TX, for Plaintiff-Appellant.

Ellis B. Murov (argued), Charles Frederick Seemann, III, Deutsch, Kerrigan & Stiles, New Orleans, LA, M. David Frock (argued), Houston, TX, for Defendant-Appellee.

Before JOLLY, SMITH, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Hathcock seeks reversal of the district court's grant of summary judgment in favor of Defendant-Appellee Acme Truck Lines, Inc. ("Acme"). Because we find Hathcock, in his capacity as a truck driver, was an employee of Acme at all pertinent times, we affirm the district's court grant of summary judgment.

I.

FACTS AND PROCEEDINGS

Acme transports equipment, materials, and supplies throughout the country...

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