BATCHELDER, J., delivered the opinion of the court. MERRITT, J. (pp. 583-84), delivered a separate opinion concurring in all sections except for Section II.A.2. HEYBURN, D.J. (p. 584), delivered a separate opinion concurring in the analysis and result.
OPINION
ALICE M. BATCHELDER, Circuit Judge.
Plaintiff Donna Novak ("Novak") appeals the district court's grant of summary
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