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SMITH v. BERRY CO.

No. 97-30795.

165 F.3d 390 (1999)

Brenda SMITH, Plaintiff-Appellee-Cross-Appellant, v. The BERRY CO., et al., Defendants, L.M. Berry and Company, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 1, 1999.

Attorney(s) appearing for the Case

William Martin McGoey, Evans & Clesi, New Orleans, LA, for Plaintiff-Appellee-Cross-Appellant.

H. Mark Adams, Pauline F. Hardin, Virginia W. Gundlach, Mary Ellen Jordon, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Defendant-Appellant-Cross-Appellee.

Before REAVLEY, DAVIS and DUHÉ, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant L.M. Berry & Company ("Berry") challenges the district court's judgment, entered on a jury verdict, awarding damages because Berry discriminated against the Plaintiff, Brenda Smith, on the basis of her sex and her age. Berry argues that Smith produced insufficient evidence of discrimination for the case to have gone to the jury and thus the district court should have granted Berry...

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