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RHODES v. GUIBERSON OIL TOOLS

No. 92-3770.

82 F.3d 615 (1996)

Calvin RHODES, Plaintiff-Appellee, Cross-Appellant, v. GUIBERSON OIL TOOLS, a/k/a F.I.E., a/k/a Div. Dresser Ind. Inc., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 24, 1996.

Attorney(s) appearing for the Case

Joseph L. Waitz, Jr., Waitz & Downer, Houma, LA, for Rhodes.

Thomas Joseph Lutkewitte, Joseph Paul Demarest, Favret, Demarest, Russo & Lutkewitte, New Orleans, LA, Felix J. Springer, Day, Berry & Howard, Hartford, CT, for Guiberson Oil Tools.

Elizabeth Anne Schartz, Thompson & Knight, Dallas, TX, for Johnson & Johnson Consumer Products, Inc.

Douglas S. McDowell, McGuiness & Williams, Washington, DC, for Equal Employment Advisory Council, amicus curiae.

Jeffrey C. Londa, Hutcheson & Grundy, Houston, TX, for Texas Association of Business & Chambers of Commerce, amicus curiae.

Sidney Samuel Rosdeitcher, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Richard T. Seymour, Teresa Anne Ferrante, Lawyers' Committee for Civil Rights Under Law, Washington, DC, for Lawyers Committee for Civil Rights Under Law, amicus curiae.

Dori Kay Bernstein, Equal Employment Opportunity Commission, Washington, DC, for Equal Employment Opportunity Commission, amicus curiae.

Janette B. Johnson, National Employment Lawyers Association, Dallas, TX, for National Employment Lawyers Association, amicus curiae.

Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and ZAGEL, District Judge.

EMILIO M. GARZA, Circuit Judge:

This case comes to the original panel on remand from our recent en banc decision for consideration of issues pertaining to damages. Our en banc decision affirmed the district court's denial of Defendant Guiberson Oil Tools' motion for judgment notwithstanding the verdict. Guiberson Oil Tools appeals the district court's calculation of damages. Plaintiff Calvin Rhodes cross-appeals the district court's calculation of damages, and also...

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