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FARAGHER v. CITY OF BOCA RATON

No. 94-4878.

111 F.3d 1530 (1997)

Beth Ann FARAGHER, Nancy Ewanchew, Plaintiffs-Appellants-Cross-Appellees, v. CITY OF BOCA RATON, a political sub-division of the State of Florida, Defendant-Appellee-Cross-Appellant, Bill Terry, David Silverman, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended April 28, 1997.

Attorney(s) appearing for the Case

William R. Amlong, Amlong & Amlong, P.A., Ft. Lauderdale, FL, for Plaintiffs-Appellants-Cross-Appellees.

Carolyn L. Wheeler, E.E.O.C., Washington, DC, for Amicus.

Cathy M. Stutin, Peter Hurtgen, Morgan, Lewis & Bockius, Miami, FL, for City of Boca Raton.

Michael T. Burke, Christine M. Duignan, Johnson, Anselmo, Murdoch, Burke & George, P.A., Ft. Lauderdale, FL, for Bill Terry.

Before HATCHETT, Chief Judge, TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and DYER and KRAVITCH, Senior Circuit Judges.

COX, Circuit Judge.

I. Facts1

Beth Ann Faragher worked as an ocean lifeguard for the City of Boca Raton, Florida (City), in the Parks and Recreation Department's Marine Safety Section. The City employed Faragher intermittently from September 1985 until June 1990. During these five years, Bill Terry and David Silverman acted as supervisors of the ocean lifeguards, Terry as Chief of the Marine Safety Section and Silverman as a...

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