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McCABE v. EXCEL HOSPITALITY, INC.

No. 8:02-CV-1387-T-30MAP.

294 F.Supp.2d 1311 (2003)

James MCCABE, Plaintiff, v. EXCEL HOSPITALITY, INC., Defendant.

United States District Court, M.D. Florida. Tampa Division.

November 19, 2003.

Attorney(s) appearing for the Case

Randall V. Shanafelt, Esq., Sharon A. Wey, Esq., The Shanafelt Law Firm, P.A., St. Petersburg, FL, for Plaintiff James McCabe.

Sheri D. McWhorter, Esq., Foley & Lardner, Tampa, FL, for Defendant Excel Hospitality, Inc.

Robert L. Rocke, Esq., Rocke, McLean, and Sbar, Tampa, FL, for Defendant Excel Hospitality, Inc.

ORDER

MOODY, District Judge.

THIS CAUSE comes before this Court upon Defendant's Motion for Summary Judgment (Dkts.# 12, 13) and Plaintiff's response (Dkt.# 20) thereto. After close consideration, this Court concludes that Defendant's motion should be denied.

BACKGROUND

This action arises out of an employment dispute. Plaintiff is a white male who was employed by Defendant as a maintenance worker. Plaintiff had no written employment...

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