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LEE v. KANSAS CITY SOUTHERN RY. CO.

No. 08-30444.

574 F.3d 253 (2009)

Marcus LEE, Plaintiff-Appellant, v. KANSAS CITY SOUTHERN RAILWAY CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 2009.

Attorney(s) appearing for the Case

Gregory George Paul (argued), Equality at Work, P.L.L.C., Sewickley, PA, for Lee.

Bobby Stephen Gilliam (argued), Kenneth David McLean, Wilkinson, Carmody & Gilliam, Shreveport, LA, Casey MacIssac Bloxom, Blanchard, Walker, O'Quin & Roberts, Shreveport, LA, for Kansas City Southern Ry. Co.

Before JONES, Chief Judge, and WIENER and BENAVIDES, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Marcus Lee, who is African-American, was an engineer for Defendant-Appellee Kansas City Southern Railway Co. ("KCS") from 1993 until his employment was terminated in 2004 after he failed to observe and obey a stop signal, thereby failing to stop the train he was operating in a Shreveport, Louisiana railyard. Lee sued KCS, alleging (1) race-based employment discrimination in violation of Title VII of the Civil Rights Act and...

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