HAAVISTOLA v. COMMUNITY FIRE CO. OF RISING SUN

No. 93-1286.

6 F.3d 211 (1993)

Paula HAAVISTOLA, Plaintiff-Appellant, v. COMMUNITY FIRE COMPANY OF RISING SUN, INC.; Richard G. Ayers; Kimberly Baeder; Raymond Blakely; Betty Cameron; Wesley F. Cameron; Samuel H. Coale; William Ewing; Charles R. Goodie; Howard Goodie; William Haines; Wayne L. Ingerson; Jeffrey Kennerd; Harold Montgomery, Jr.; Gary R. Moore; Kenneth E. Morris; Jimmy G. Puffenbarger; Carl Rickenboch; Carol Tichnell; Donald K. Wehry; Carl D. Wiggins; Tamra Wiggins; Herrel Curry, Defendants-Appellees, and Michael Smith; Philip Smith; Wade Wiley, individually and in their capacity as Members of the Board of Directors of Community Fire Company of Rising Sun, Inc.; Kenneth E. Truitt, Defendants. Washington Lawyers' Committee for Civil Rights Under Law; National Association for the Advancement of Colored People, Incorporated; Women's Law Center, Inc., Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1993.


Attorney(s) appearing for the Case

Awilda Rose Marques, Piper & Marbury, Baltimore, MD, argued (George A. Nilson, Piper & Marbury, Baltimore, MD, Susan K. Goering, Deborah A. Jeon, ACLU of Maryland, Centerville, MD, on brief), for plaintiff-appellant.

Roger Norman Powell, John Paul Rufe, Baltimore, MD, for defendants-appellees.

S. William Livingston, Jr., Alan A. Pemberton, Ronald J. Krotoszynski, Jr., S. Elizabeth Wilborn, Covington & Burling, Washington, DC, for amici curiae.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.


OPINION

ERVIN, Chief Judge:

Paula Haavistola brought an action against Community Fire Company of Rising Sun, Inc. ("Fire Company"), alleging discrimination on the basis of sex in violation of 42 U.S.C. § 1983 and Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e to 2000e-17 ("Title VII"). The district court granted summary judgment for the Fire Company on grounds that the Fire Company was not a state actor for the purposes of section 1983...

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