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KELLY v. CITY OF OAKLAND

Nos. 98-16482, 98-16684.

198 F.3d 779 (1999)

Stephen M. KELLY, Plaintiff-Appellee, v. CITY OF OAKLAND, a municipal corporation; Kent McNab; Richard Wirkkala, Defendants-Appellants, and Antonio Romero; Douglas Anderson; Joseph Samuels, Jr., Defendants. Stephen M. Kelly, Plaintiff-Appellee, v. City of Oakland, a municipal corporation; Kent McNab; Richard Wirkkala, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1999.

As Amended January 12, 2000.

Attorney(s) appearing for the Case

Randolph W. Hall, Assistant City Attorney, Oakland, California; Ines V. Fraenkel, Deputy City Attorney, Oakland, California; Sanford Svetcov, Landels Ripley & Diamond, San Francisco, California; Howard A. Simon, Landels Ripley & Diamond, San Francisco, California, for defendants-appellants City of Oakland, Kent McNab and Richard Wirkkala.

Norman I. Lustig, Walnut Creek, California, for plaintiff-appellee Stephen M. Kelly.

Steven B. Fisher, Daar, Fischer, Kanaris & Vanek, P.C., Michael H. Williamson, Madden, Poliak, Macdougall & Williamson, Chicago, IL, for All Alaskan Seafoods and AAS-DMP.

Before: Noonan, Thompson and Graber, Circuit Judges.

NOONAN, Circuit Judge:

The City of Oakland (the City), Kent McNab and Richard Wirkkala appeal the judgment of the district court against them in favor of Stephen M. Kelly after a jury trial. At the center of the case is Kelly's contention that McNab sexually harassed him. A federal right to be free of same-sex harassment in the form of a hostile environment was not established in the period 1989-1993 covered by Kelly's complaint. We must, therefore, reverse the judgment...

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