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SCHMERR v. U.S.

No. 4-01-CV-10409.

420 F.Supp.2d 1004 (2002)

Mary Jo SCHMERR Plaintiff, v. UNITED STATES of America; USDA; Secretary of Agriculture, in her official capacity Defendants.

United States District Court, S.D. Iowa, Central Division.

November 20, 2002.

Attorney(s) appearing for the Case

Charles E. Gribble, Parrish Kruidenier Moss Dunn Boles Gribble & Cook LLP, Des Moines, IA, for Plaintiff.

John E. Beamer, United States Attorney, Des Moines, IA, for Defendants.

ORDER

LONGSTAFF, Chief Judge.

THE COURT HAS BEFORE IT defendants' motion for summary judgment, filed August 23, 2002. Plaintiff filed a resistance on October 3, 2002. The motion is now fully submitted.

I. BACKGROUND

The following facts either are not in dispute or are viewed in a light most favorable to plaintiff.

Plaintiff, Mary Jo Schmerr, is a research scientist at the National Animal Disease Center (NADC) in Ames, Iowa. In 1993...

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