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It was during such down time on May 28, 2003, that Pacenza logged onto a chat room from a computer at his work station.Diederich says Pacenza had returned that day from a visit to the Vietnam Veterans Memorial in Washington and logged onto a site called Chat Avenue and then to an adult chat room.It also claims Pacenza was told he could lose his job after an incident four months earlier, which Pacenza denies."Plaintiff was discharged by IBM because he visited an Internet chat room for a sexual experience during work after he had been previously warned," the company said.He reported his discovery to his boss, who consulted with a superior and fired Pacenza the next day. Pacenza says he would have understood if IBM had disciplined him for taking an unauthorized break, but firing him was far in excess of any punishment deserved.

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Pacenza, 55 at the time, had 19 years of IBM service and said he could have retired in one more year. has asked Judge Stephen Robinson for a summary judgment, saying its policy against surfing to sexual sites is clear.

The machine measures the thickness of silicon wafers.