Robert Back v. Nestle USA, Inc.


OPINION and JUDGMENT filed: The district court's judgment granting summary judgment to Nestle is AFFIRMED. Decision for publication pursuant to local rule 206. Raymond M. Kethledge and Jane Branstetter Stranch (AUTHORING), Circuit Judges; James S. Gwin (CONCURRING IN PART), U.S. District Judge for the Northern District of Ohio, sitting by designation. *The file date of the opinion has been corrected.--[Edited 09/13/2012 by CL]

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Case: 10-6028 Document: 006111431733 Filed: 09/13/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 10-6028 FILED Sep 13, 2012 ROBERT G. BACK, Plaintiff - Appellant, DEBORAH S. HUNT, Clerk v. NESTLÉ USA, INC., Defendant - Appellee. Before: KETHLEDGE and STRANCH, Circuit Judges; GWIN, District Judge. JUDGMENT On Appeal from the United States District Court for the Eastern District of Kentucky at Lexington. THIS CAUSE was heard on the record from the district court and was submitted on the briefs without oral argument. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s judgment granting summary judgment to Nestlé is AFFIRMED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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