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SCHWENK v. HOME DEPOT U.S.A.

Civ. No. 07-0134-N-BLW.

DONNA SCHWENK, and LEONARD SCHWENK, husband and wife, Plaintiffs, v. THE HOME DEPOT U.S.A. d/b/a THE HOME DEPOT, a Delaware corporation, Defendant.

United States District Court, D. Idaho.

February 4, 2009.

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, District Judge.

INTRODUCTION

The Court has before it Home Depot's renewed motion for judgment as a matter of law and motion to certify questions to the Idaho Supreme Court. For the reasons explained below, the Court will deny both motions.

LITIGATION BACKGROUND

Plaintiff Donna Schwenk was employed as a sales associate for Excel Garden Products, a subsidiary of Central Garden and Pet...

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