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O'NEAL v. FERGUSON CONSTRUCTION COMPANY

No. 99-2037.

237 F.3d 1248 (2001)

Henry B. O'NEAL, Plaintiff-Appellee, v. FERGUSON CONSTRUCTION COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 24, 2001.

Attorney(s) appearing for the Case

W.T. Martin, Jr., of Martin & Shanor, L.L.P., (Stephen S. Shanor, with him on the briefs), Carlsbad, New Mexico, for Appellant.

Holly Rene Harvey, of Toulouse & Associates, P.A. (John G. Travers, with her on the brief), Albuquerque, New Mexico, for Appellee.

Before TACHA, Chief Judge, McWILLIAMS, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiff Henry B. O'Neal was terminated from his job one day after his attorney sent a letter to his employer, Ferguson Construction Company ("Ferguson"), accusing the company of reassigning O'Neal in retaliation for his filing race discrimination and retaliation claims with the Equal Employment Opportunity Commission ("EEOC"). O'Neal filed suit against Ferguson under 42 U.S.C. § 2000e-3(a) ("Title VII") and 42...

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