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THURBER v. JACK REILLY'S, INC.

No. 83-1024.

717 F.2d 633 (1983)

Virginia THURBER, Plaintiff, Appellee, v. JACK REILLY'S, INC., d/b/a Jack's, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 14, 1983.

Rehearing Denied October 14, 1983.

Attorney(s) appearing for the Case

Bruce McNeill, Boston, Mass., with whom Bradley, Barry & Tarlow, P.C., Boston, Mass., was on brief, for defendant, appellant.

Philip M. Weinberg, Boston, Mass., with whom Geller & Weinberg, Boston, Mass., was on brief, for plaintiff, appellee.

Before COFFIN and BREYER, Circuit Judges, and SKINNER, District Judge.

SKINNER, District Judge.

This appeal from the district court's denial of the defendant's motion to dismiss and final judgment for the plaintiff presents the sole issue of the proper interpretation of the definition of employer under Title VII, 42 U.S.C. § 2000e(b).

Plaintiff Thurber began working in November, 1973 as a waitress at a bar and restaurant known as "Jack's" operated by the defendant. Sometime in 1974 she applied

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