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SPILLER v. ELLA SMITHERS GERIATRIC CENTER

Nos. 89-2962, 89-6176.

919 F.2d 339 (1990)

Beth SPILLER, Plaintiff-Appellant, and Stephen Smiley Brown, Appellant, v. ELLA SMITHERS GERIATRIC CENTER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 18, 1990.

Attorney(s) appearing for the Case

Stephen S. Brown, Houston, Tex., for appellants.

Carla Cotropia, Mills, Shirley, Eckel & Basset, Galveston, Tex., for defendant-appellee.

Before GEE and DAVIS, Circuit Judges, and LITTLE, District Judge.

LITTLE, District Judge:

I. Facts

On 14 May 1986 appellee Ella Smithers Geriatric Center fired appellant Beth Spiller. Spiller presented a race discrimination claim to the Equal Employment Opportunity Commission (E.E.O.C.) on 7 May 1987 and later brought an age discrimination claim on 3 August 1987. The E.E.O.C. denied review of her race discrimination allegation because it was presented more than 180 days after the alleged discriminatory act. The record...

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