McElroy v. TNS Mills, Inc.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is defendants TNS Mills, Inc. (“TNS”), and Tommy Brooks’ (“Brooks”) motion filed December 4, 1995, for summary judgment. Plaintiff Walter McElroy (“McElroy”) filed a response in opposition on February 26, 1996. The defendants then filed a reply to the plaintiffs response on March 21, 1996. After careful consideration of the arguments of counsel, the relevant case law and the record as a whole, the court finds that the defendants’ motion is due to be granted in part and denied in part.

FINDINGS OF FACT

Plaintiff McElroy alleges…