Summary Calendar DONALD GARNER v. Ashley Furniture Industries Inc

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
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United States Court of Appeals
Fifth Circuit
F I L E D
October 5, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 04-60765
Summary Calendar
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DONALD GARNER
Plaintiff - Appellant
v.
ASHLEY FURNITURE INDUSTRIES INC
Defendant - Appellee
________________________________________________
Appeal from the United States District Court
for the Northern District of Mississippi, Aberdeen
No. 1:03-CV-71-D-D
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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.
PER CURIAM:*
On June 30, 3006, the Supreme Court vacated the judgment of
this court in this case and remanded the case to this court for
further consideration in light of Burlington N. & S.F.R.Co. v.
White, 548 U.S. ___ (2006). Upon reconsideration, we vacate the
judgment of the district court and remand for reconsideration in
the light of Burlington. VACATED and REMANDED.

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