Smith v. Sears, Roebuck and Co.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, Chief Judge.

This cause is before the court on the motion of defendant Sears, Roebuck and Company (Sears) to dismiss or, in the alternative, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Rodney R. Smith has responded in opposition to the motion, and the court, having considered the memoran-da of authorities, together with attachments, submitted by the parties, along with additional pertinent authorities, concludes that defendant’s motion for summary judgment should be granted.

Rodney Smith brought this action…