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BORQUE v. TRUGREEN, INC.

No. 04-11153 Non-Argument Calendar.

389 F.3d 1354 (2004)

Don BORQUE, Plaintiff-Appellant, v. TRUGREEN, INC., d.b.a. Trugreen Chemlawn, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 15, 2004.

Attorney(s) appearing for the Case

Monica Galindo Stinson, Keith Chasin, Keith Chasin, P.A., Miami, FL, for Plaintiff-Appellant.

Frederick J. Lewis, Lewis, Fisher, Henderson, Claxton & Mulroy, LLP, Memphis, TN, for Defendant-Appellee.

Before CARNES, HULL and GODBOLD, Circuit Judges.

PER CURIAM:

The issue in this case is whether under Florida law a workers' compensation settlement between an employer and employee containing broad release language absolves the employer of a retaliatory discharge claim. We conclude that the release language at issue here is not sufficiently clear to support a summary judgment for the employer.

Don Borque injured his shoulder while working as a courier for Trugreen Limited Partnership in September 2002. At...

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