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BOUTON v. BMW OF NORTH AMERICA, INC.

Nos. 93-5296, 93-5316.

29 F.3d 103 (1994)

Trude S. BOUTON, Plaintiff, v. BMW OF NORTH AMERICA, INC., Defendant. Trude Bouton, Appellant in No. 93-5296. BMW of North America, Appellant in No. 93-5316.

United States Court of Appeals, Third Circuit.

Decided June 10, 1994.

Sur Petition for Rehearing August 3, 1994.

Attorney(s) appearing for the Case

Louis A. Bove (Argued), Swartz, Campbell & Detweiler, Philadelphia, PA, for Trude Bouton.

Marilyn Sneirson (Argued), Lynn B. Su, Thomas W. Dunn, Beattie Padovano, Montvale, NJ, for BMW of North America, Inc.

Before: MANSMANN, LEWIS and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Plaintiff, Trude Bouton, filed this action for sexual harassment under state and federal law seeking to hold BMW of North America, Inc. ("BMW") liable as her employer. The district court entered judgment against Bouton on all claims. 1994 WL 447310. As to her Title VII claims, which were tried to the court,1 the district court held that there was

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