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CASEY v. ALBERTSON'S INC.

No. 02-57198.

362 F.3d 1254 (2004)

Shannon CASEY, Plaintiff-Appellant, v. ALBERTSON'S INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2004.

Attorney(s) appearing for the Case

Patricia J. Barry, esq., Los Angeles, CA, for the plaintiff/appellant.

Kimberly M. Talley, esq., Los Angeles, CA, for the defendant/appellee.

Before SILVERMAN, GOULD, and BEA, Circuit Judges.

SILVERMAN, Circuit Judge:

We hold today that when the parties treat a fully dispositive summary judgment order as if it were a final judgment, the requirement in Federal Rule of Civil Procedure 58 that the judgment "be set forth on a separate document" can be waived. Bankers Trust Co. v. Mallis, 435 U.S. 381, 382, 98 S.Ct. 1117, 55 L.Ed.2d 357 (1978).

I. Facts

Appellant Shannon Casey filed this lawsuit against...

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