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PRESTON v. COM. OF VA. EX REL. NEW RIVER COM. COLL.

No. 93-1268.

31 F.3d 203 (1994)

Susan PRESTON, Plaintiff-Appellant, v. COMMONWEALTH OF VIRGINIA ex rel. NEW RIVER COMMUNITY COLLEGE, Defendant-Appellee, and David R. Pierce, Chancellor State Board for Community Colleges; Lawrence H. Framme, III, Chairman, State Board for Community Colleges; T.A. Carter, Jr., Board Member, State Board for Community Colleges; William D. Dolan, III, Board Member, State Board for Community Colleges; George H. Gilliam, Board Member, State Board for Community Colleges; Irving M. Groves, Jr., Board Member, State Board for Community Colleges; Evelyn M. Hailey, Board Member, State Board for Community Colleges; Jack L. Hite, Board Member, State Board for Community Colleges; George J. Kostel, Board Member, State Board for Community Colleges; Leonard W. Lambert, Board Member, State Board for Community Colleges; Robert E. Parker, Jr., Board Member, State Board for Community Colleges; Nellie B. Quander, Board Member, State Board for Community Colleges; Dorothy W. Schick, Board Member, State Board for Community Colleges; George J. Stevenson, Board Member, State Board for Community Colleges; Doreen S. Williams, Vice Chairman, State Board for Community Colleges; Floyd M. Hogue, President, New River Community College; Roger K. Lewis, Board Member, New River Community College Board; Karen Thompson, Board Member, New River Community College Board; David B. Hunt, Board Member, New River Community College Board; Martha H. Bolt, Board Member, New River Community College Board; David G. Larsen, Board Member, New River Community College Board; Shirley M. Gerken, Board Member, New River Community College Board; William H. Elmore, Board Member, New River Community College Board; George F. Penn, Sr., Board Member, New River Community College Board; Jerry R. Whitehurst, Board Member, New River Community College Board; H.B. Whitt, Jr., Board Member, New River Community College Board, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 1994.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Alan Fleischhauer, Bird, Kinder & Huffman, P.C., Roanoke, VA, for appellant. Guy Winston Horsley, Jr., Sr. Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellee. ON BRIEF: Donald W. Huffman, L. Brad Bradford, Bird, Kinder & Huffman, P.C., Roanoke, VA, for appellant. Stephen D. Rosenthal, Atty. Gen. of VA, Milton K. Brown, Jr., Deputy Atty. Gen., Neil A.G. McPhie, Sr. Asst. Atty. Gen., Office of the Atty. Gen., Richmond, VA, for appellee.

Before RUSSELL and WILKINS, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILKINS wrote the opinion, in which Judge DONALD RUSSELL and Judge REBECCA BEACH SMITH joined.

OPINION

WILKINS, Circuit Judge:

Susan Preston brought this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq. (West 1981 & Supp.1994), and Title IX of the Education Amendments of 1972, 20 U.S.C.A. § 1681 et seq. (West 1990), alleging that her employer...

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