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DeJARNETTE v. CORNING INC. (TWO CASES)

Nos. 96-1897, 96-1937.

133 F.3d 293 (1998)

Regina W. DeJARNETTE, Plaintiff-Appellant, v. CORNING INCORPORATED, Defendant-Appellee. Regina W. DeJARNETTE, Plaintiff-Appellee, v. CORNING INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 5, 1998.

Attorney(s) appearing for the Case

ARGUED: Barbara Rubin Hudson, Danville, VA, for Appellant. Scott F. Zimmerman, Reed, Smith, Shaw & McClay, Pittsburgh, PA, for Appellee. ON BRIEF: Carole S. Katz, Reed, Smith, Shaw & McClay, Pittsburgh, PA, for Appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

No. 96-1897 dismissed and No. 96-1937 reversed by published opinion. Senior Judge MAGILL wrote the majority opinion, in which Judge NIEMEYER joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

MAGILL, Senior Circuit Judge:

Regina DeJarnette, a pregnant probationary employee of Corning Inc. (Corning), was discharged during her probationary period after Corning gave her several warnings and negative evaluations based on her poor performance...

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