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PACK v. KMART CORP.

No. 97-7120.

166 F.3d 1300 (1999)

Teresita PACK, Plaintiff-Appellant, v. KMART CORPORATION, a Michigan Corporation; Steve Nicholas, an individual, Defendants-Appellees. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

February 4, 1999.

Attorney(s) appearing for the Case

Steven A. Novick, Tulsa, Oklahoma (Douglas L. Inhofe and Mark A. Waller, Inhofe Jorgenson & Balman, Tulsa, Oklahoma, on the briefs), for the appellant.

Jon E. Brightmire, Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa Oklahoma, (Kristen L. Brightmire, with him on the brief), for the appellee.

Geoffrey L. Carter, Attorney, United States Equal Employment Opportunity Commission, (C. Gregory Stewart, General Counsel, Phillip B. Sklover, Associate General Counsel, Carolyn L. Wheeler, Assistant General Counsel, with him on the brief), for amicus curiae United States Equal Employment Opportunity Commission.

Before BRORBY, BARRETT, and EBEL, Circuit Judges.

BARRETT, Senior Circuit Judge.

ORDER

Appellant's petition for rehearing is denied.

The suggestion for rehearing en banc was transmitted to all of the judges of the court who are in regular active service as required by Fed. R. App P. 35. As no member of the panel and no member in regular active service on the court requested that the court be polled, the suggestion is also denied.

However, in order to clarify this court's opinion filed on...

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