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DUKE v. UNIVERSITY OF TEXAS AT EL PASO

No. 83-1123.

729 F.2d 994 (1984)

Eleanor DUKE, Plaintiff-Appellant, v. The UNIVERSITY OF TEXAS AT EL PASO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 16, 1984.

Attorney(s) appearing for the Case

Antonio Cortez and Thomas A. Spieczny, El Paso, Tex., for plaintiff-appellant.

Jerry Dean Cain, James Robert Giddings, Mary F. Keller and David Richards, Asst. Attys. Gen., Austin, Tex., for defendant-appellee.

Before WISDOM, REAVLEY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Eleanor Duke appeals from a judgment in a bench trial in favor of her employer, The University of Texas at El Paso. Duke, a biology professor at UTEP, brought suit under Title VII, 42 U.S.C. §§ 2000e et seq., and 42 U.S.C. § 1983, alleging sex discrimination in pay, promotion and teaching opportunities. On appeal, she argues that the district court prejudiced her effort to obtain class certification and...

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