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CLAY v. CITY OF CHICAGO DEPT. OF HEALTH

No. 97-2114.

143 F.3d 1092 (1998)

Dorothy CLAY, Plaintiff-Appellant, v. CITY OF CHICAGO DEPARTMENT OF HEALTH, Erlinda Tzirides, individually and not in her capacity as an employee of the City of Chicago Department of Health, Jackie Kean, individually and not in her capacity as an employee of the City of Chicago Department of Health, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 14, 1998.

Attorney(s) appearing for the Case

Calvita J. Frederick (argued), Frederick & Associates, Chicago, IL, for Dorothy Clay.

Lawrence Rosenthal, Mardell Nereim (argued), Benna R. Solomon, Susan S. Sher, Patricia T. Bergeson, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for City of Chicago Department of Health, Erlinda Tzirides, Jackie Kean, Sheila Lyne, and Does, 2 through 5.

Joseph R. Lipton, City of Chicago, Law Department, Chicago, IL, for City of Chicago.

Steven J. Mandel, Marva M. Peace-Jackson, Department of Labor, Appellate Litigation, Washington, DC, William J. Stone, Department of Labor, Office of the Solicitor, Washington, DC, for U.S. Department of Labor.

Before CUMMINGS, KANNE and EVANS, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiff Dorothy Clay was employed as Director of Human Resources in Chicago's Department of Health in November 1992. Defendant Jackie Kean, who was then Assistant Commissioner for the Department of Health, interviewed Clay for the position and explained at length the duties that plaintiff would be performing, including the distribution of paychecks, recruitment and hiring of Department employees and management of its personnel. Plaintiff...

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