DANCE v. RIPLEY

No. 85-1237.

776 F.2d 370 (1985)

Ariel G. DANCE, Plaintiff, Appellant, v. Dillon S. RIPLEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 7, 1985.


Attorney(s) appearing for the Case

William P. Homans, Jr., Boston, Mass., with whom Homans, Hamilton, Dahmen & Marshall, Boston, Mass., was on brief for appellant.

Richard E. Welch, III, Asst. U.S. Atty., Boston, Mass., was on brief for appellee.

Before COFFIN, Circuit Judge, WISDOM, Senior Circuit Judge, and BREYER, Circuit Judge.


COFFIN, Circuit Judge.

Ariel Dance appeals from the decision of the United States District Court for the District of Massachusetts granting defendant's motion under Fed.R.Civ.P. 41(b) to dismiss her Title VII claim. The district court dismissed the Title VII claim, 42 U.S.C. § 2000e et seq., on the ground that at the close of her evidence plaintiff had failed to establish a right to relief. We are presented with the question of whether a vacant position for which...

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