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GILMOUR v. GATES, McDONALD AND CO.

No. 04-12229 Non-Argument Calendar.

382 F.3d 1312 (2004)

Terry GILMOUR, Plaintiff-Appellant, v. GATES, McDONALD AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 3, 2004.

Attorney(s) appearing for the Case

Brent J. Savage, Kathryn Hughes Pinckney, Savage, Turner, Pinson & Karsman, PC, Savannah, GA, for Plaintiff-Appellant.

G. Todd Carter, Laura Elizabeth Roberts, Whelchel, Brown, Readdick & Bumgartner, Brunswick, GA, for Defendant-Appellee.

Before CARNES, HULL and GODBOLD, Circuit Judges.

PER CURIAM:

The central issue in this case is whether a non-moving party plaintiff may raise a new legal claim for the first time in response to the opposing party's summary judgment motion.1 We hold it cannot.

Following the tragic events of September 11, 2001 in New York City, Terry Gilmour traveled to New Jersey to work as a volunteer for the Red Cross. After a week of service Gilmour became ill, and on September 30, her illness...

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