Summary
applying the sham affidavit rule to prior written evidence
Summary of this case from Jenkins v. Koch Foods, Inc.Opinion
No. 10-10756.
January 31, 2011.
Alicia K. Haynes, Haynes Haynes PC, Birmingham, AL, for Plaintiff-Appellant.
Mieke Ann Hemstreet, David Turner Wiley, Jackson Lewis LLP, Birmingham, AL, for Defendant-Appellee.
Appeal from the United States District Court for the Northern District of Alabama. D.C. Docket No. 2:07-cv-02224-LSC.
Before BLACK, HULL and KRAVITCH, Circuit Judges.
After review of the parties' briefs and the record, and with the benefit of oral argument, the Court finds no reversible error in the district court's order dated January 21, 2010, which adopted the magistrate judge's report and recommendation dated October 15, 2009. Accordingly, this Court affirms the district court's entry of summary judgment in favor of the defendant Rehau, Inc. on plaintiff Brad Baggett's Complaint.
AFFIRMED.