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LYES v. CITY OF RIVIERA BEACH, FLORIDA

No. 96-4577.

166 F.3d 1332 (1999)

Shari L. LYES, Plaintiff-Appellant, v. CITY OF RIVIERA BEACH, FLORIDA, Cinthia Becton, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 11, 1999.

Attorney(s) appearing for the Case

Michael J. McHale, Daves, Whalen, McHale & Considine, West Palm Beach, FL, for Plaintiff-Appellant.

Richard Hunt McDuff, Johnson, Anselmo, Murdoch, Burke & George, P.A., Ft. Lauderdale, FL, for City of Riviera Beach Redevelopment Agency.

Glen J. Torcivia, West Palm Beach, FL, for City of Riviera Beach Agency and others.

Robin L. Rosenberg, West Palm Beach, FL, for Neil Crilly.

Before TJOFLAT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES, HULL and MARCUS, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

CARNES, Circuit Judge:

We granted the defendant's petition for rehearing en banc in this employment discrimination case to decide two issues. The first is whether women are a protected class for 42 U.S.C. § 1985(3) purposes, so that a sex-based conspiracy against women is actionable under that provision. We hold that they are and it is. We also hold that Congress has the constitutional authority to prohibit such conspiracies, at least where they involve state...

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