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MONTES v. PHELPS DODGE INDUSTRIES, INC.

No. EP-05-CA-0053 KC.

481 F.Supp.2d 700 (2006)

Gilbert MONTES, Plaintiff, v. PHELPS DODGE INDUSTRIES, INC. d/b/a Phelps Dodge Copper Products, a/k/a Phelps Dodge Smelting Rod Refining a/k/a Phelps Dodge Mining Company El Paso Operations a/k/a Phelps Dodge Copper Products, and Phelps Dodge Corporation, Defendants.

United States District Court, W.D. Texas, El Paso Division.

September 27, 2006.

Attorney(s) appearing for the Case

Colbert N. Coldwell, Guevara, Rebe, Bumann, Coldwell & Reedman, Mike Milligan, Attorney at Law, El Paso, TX, for Plaintiff.

Erica M. Meadough, Jerry L. Mitchell, Kasowitz, Benson, Torres & Friedman L.L.P., Houston, TX, for Defendants.

ORDER

CARDONE, District Judge.

On this day, the Court considered Defendant's Motion for Summary Judgment ("Motion"). For the reasons set forth herein, Defendant's Motion is DENIED in part and GRANTED in part.

I. BACKGROUND

The following background is derived from the parties' Proposed Undisputed Facts and Response to Proposed Undisputed Facts.1

Defendants Phelps...

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