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JOHNSON v. CIRCUIT CITY STORES

No. 97-2408.

148 F.3d 373 (1998)

Demeka JOHNSON, Plaintiff-Appellee, and Eric Brooks; Reginald Derrickson; Mohmed Ibrahim; Maxine James; Artis Kendall; Bernard Livingston; Harold Moore; Stanley Sims; Steven Taylor; H. Alexander Richardson, Plaintiffs, v. CIRCUIT CITY STORES, Incorporated, Defendant-Appellant. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 1998.

Attorney(s) appearing for the Case

ARGUED: Rex Darrell Berry, Davis, Grimm & Payne, Seattle, Washington, for Appellant. Terry Lynn Sullivan, Howrey & Simon, Washington, DC, for Appellee. Jodi Beth Danis, Office of General Counsel, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae. ON BRIEF: David E. Nagle, Leclair Ryan, Richmond, Virginia, for Appellant. William R. O'Brien, Patricia G. Butler, Howrey & Simon, Washington, DC; Warren Kaplan, The Washington Lawyers' Committee For Civil Rights and Urban Affairs, Washington, DC, for Appellee. C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae.

Before WIDENER, HAMILTON, and MICHAEL, Circuit Judges.

Vacated and remanded by published opinion. Judge HAMILTON wrote the opinion, in which Judge WIDENER and Judge MICHAEL joined.

OPINION

HAMILTON, Circuit Judge:

Acting pursuant to 28 U.S.C. § 1292(b) and upon the petition of Circuit City Stores, Inc. (Circuit City), we agreed to hear this interlocutory appeal of the district court's denial of Circuit City's motion for summary judgment in this race discrimination case, brought pursuant to 42 U...

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