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COSTA v. DESERT PALACE, INC.

No. 99-15645.

238 F.3d 1056 (2000)

Catharina F. COSTA, Plaintiff-Appellee, v. DESERT PALACE, INC., dba Caesars Palace Hotel & Casino, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2000

Attorney(s) appearing for the Case

Mark J. Ricciardi, Ricciardi Law Group, Las Vegas, Nevada, for the defendant-appellant.

Robert N. Peccole, Peccole & Peccole Ltd., Las Vegas, Nevada, for the plaintiff-appellee.

Before: KOZINSKI and KLEINFELD, Circuit Judges, and SCHWARZER, Senior District Judge.

Argued and Submitted September 13, 2000 — Portland, Oregon

SCHWARZER, Senior District Judge:

The principal question before us is whether the district court erred in giving a mixed-motive rather than a pretext instruction to the jury considering plaintiff's claim of wrongful discharge and discriminatory working conditions. We conclude that in the absence of substantial evidence of conduct or statements by decisionmakers...

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