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Lewis v. Textron Automotive, 97-1751 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1751 Visitors: 6
Filed: Dec. 16, 1997
Latest Update: Mar. 02, 2020
Summary:  ALLAN LEWIS APPEAL FROM THE UNITED STATES DISTRICT COURT Lynch, Circuit Judge , ___________, Don A. Banta, Ann L. Crane and Banta, Cox Hennessy on brief for, ____________ ____________ _____________________, appellees. cause the layoffs of which the appellant complained, it was
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 97-1751


ALLAN LEWIS,

Plaintiff, Appellant,

v.

TEXTRON AUTOMOTIVE INTERIORS AND JAMES D. HOUSTON,

Defendants, Appellees.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. James R. Muirhead, U.S. District Judge] ___________________

____________________

Before

Lynch, Circuit Judge, _____________
Aldrich and Campbell, Senior Circuit Judges. _____________________

____________________

Allan Lewis on brief pro se. ___________
Don A. Banta, Ann L. Crane and Banta, Cox & Hennessy on brief for ____________ ____________ _____________________
appellees.


____________________

December 15, 1997
____________________

















Per Curiam. We have carefully reviewed the briefs and __________

record on appeal and affirm the judgment below. The only

issue the appellant argues in his brief, thus the only matter

before us,1 is whether there was a genuine issue that a plant 1

closing caused layoffs triggering the Worker Adjustment and

Retraining Notification Act. 29 U.S.C. 2101-2109. When _

the appellee presented evidence that a plant closing did not

cause the layoffs of which the appellant complained, it was

incumbent upon the appellant to adduce contrary evidence.

Celotex Corporation v. Catrett, 477 U.S. 317, 323 (1989). He ___________________ _______

did not do so.2 2

Affirmed. Loc. R. 27.1. ________





















____________________

1 See United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1 ___ _____________ _______
1990).

2 Accordingly, appellant's motions for attorney's fees and 2
pre-argument conference are also denied.

-2-






Source:  CourtListener

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