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WATTS v. KROGER CO.

No. 97-60077.

170 F.3d 505 (1999)

Carolyn S. WATTS, Plaintiff-Appellant, v. The KROGER COMPANY; Arthur Bullington, Defendants, The Kroger Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 17, 1999.

Attorney(s) appearing for the Case

Jim D. Waide, III, Victor Israel Fleitas, Waide, Chandler & Fleitas, Grant Moncrief Fox, Fox & Fox, Tupelo, MS, for Plaintiff-Appellant.

William T. Siler, Jr., Aubry Matt Pesnell, Phelps Dunbar, Jackson, MS, for Defendant-Appellant.

Barbara L. Sloan, Washington, DC, for Equal Employment Opportunity Commission, Amicus Curiae.

Before HIGGINBOTHAM and STEWART, Circuit Judges, and WALTER, District Judge.

ON REHEARING

STEWART, Circuit Judge:

Since the panel opinion was issued in this case, see Watts v. Kroger, 147 F.3d 460 (5th Cir.1998) (5th Cir.1998), the Supreme Court handed down opinions in Burlington Ind. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275...

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