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COSTA v. DESERT PALACE, INC.

No. 99-15645.

268 F.3d 882 (2001)

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

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2001.

Attorney(s) appearing for the Case

Mark J. Ricciardi, Ricciardi Law Group, a partner in Fisher & Phillips, LLP, Las Vegas, Nevada, for the defendant-appellant.

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

Before: Alex KOZINSKI and Andrew J. Kleinfeld, Circuit Judges, and William W Schwarzer, Senior District Judge.

SCHWARZER, Senior District Judge:

ORDER

The panel has voted unanimously to withdraw the Opinion filed December 29, 2000.

The petition for rehearing is DENIED.

OPINION

The central question before us is whether the district court erred in giving a mixed-motive instruction to the jury considering plaintiff's claim of discriminatory working conditions and wrongful discharge. We conclude that in the absence of substantial evidence of...

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