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E.E.O.C. v. HARBERT-YEARGIN, INC.

Nos. 00-5150, 00-5232.

266 F.3d 498 (2001)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee/Cross-Appellant, Joseph Carlton, Intervening, Plaintiff-Appellee, v. HARBERT-YEARGIN, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 21, 2001.

Attorney(s) appearing for the Case

ARGUED: Frederick J. Lewis, LEWIS, FISHER, HENDERSON & CLAXTON, Memphis, Tennessee, for Appellant.

Paula Bruner, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., Michael L. Weinman, TATUM & WEINMAN, Henderson, Tennessee, for Appellees.

ON BRIEF: John Morris Russell, Thomas L. Henderson, LEWIS, FISHER, HENDERSON & CLAXTON, Memphis, Tennessee, for Appellant.

Paula Bruner, Carolyn L. Wheeler, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., Michael L. Weinman, TATUM & WEINMAN, Henderson, Tennessee, for Appellees.

Before: GUY, NORRIS, and GILMAN, Circuit Judges.

GILMAN, J., announced the opinion of the court. GUY, J. (pp. 36-43), delivered a separate opinion concurring in part and dissenting in part, in which NORRIS, J., joined. The opinion of Judge Gilman affirming the district court with respect to the EEOC's cross-appeal regarding the claim of Cedric Woods is the opinion of the court. The opinion of Judge Guy reversing the district court with respect to Harbert-Yeargin, Inc.'s appeal regarding the claim of Joseph Carlton is the...

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