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QUASIUS v. SCHWAN FOOD CO.

No. 09-1226.

596 F.3d 947 (2010)

Robert T. QUASIUS, Appellant, v. SCHWAN FOOD COMPANY; Schwan's Global Supply Chain, Inc., a division of The Schwan Food Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 5, 2010.

Attorney(s) appearing for the Case

Andrea F. Rubenstein, argued, Lawrence P. Schaefer and Beth A. Anderson, on the brief, Minneapolis, MN, for appellant.

Kurt J. Erickson, argued, Sara G. Sidwell, on the brief, Minneapolis, MN, for appellees.

Before COLLOTON, BEAM, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

Robert T. Quasius appeals the decision of the district court1 granting summary judgment for The Schwan Food Company and Schwan's Global Supply Chain, Inc., (collectively, "Schwan") in his employment discrimination action against the company. The court based its decision on material facts that it deemed admitted by Quasius under Federal Rule of Civil Procedure 36. Because the court's application of Rule 36 did not...

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