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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, NORTHERN DIVISION * CHARLES FRANK, * Plaintiff, * v. * HOME DEPOT, U.S.A., INC., * Defendant. * * * * * * * * * * * * * * CIVIL NO.: WDQ-06-1083

MEMORANDUM OPINION Charles Frank, a former employee of Home Depot, U.S.A., Inc., sued his former employer for breach of contract and defamation related to his termination and certain statements made by a Home Depot employee to Frank's potential future employer, Lowe's Home Improvement ("Lowe's"). Pending are Home Depot's motion for summary judgment and Frank's motion to dismiss the motion for summary judgment. For

the reasons discussed below Frank's motion will be treated as a response to Home Depot's motion, and the Home Depot motion for summary judgment will be granted. I. Background In March 1997, Frank began employment at Home Depot as a sales associate. Am. Compl.

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Maryland Law