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MONTEMAYOR v. CITY OF SAN ANTONIO

No. 00-50681.

276 F.3d 687 (2001)

Gina Marie MONTEMAYOR, Plaintiff-Appellant-Cross-Appellee, v. CITY OF SAN ANTONIO, et al., Defendants, City of San Antonio, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 2001.

Attorney(s) appearing for the Case

Joseph Y. Ahmad (argued), Ahmad, Zavitsanos & Anaipakos, Houston, TX, for Montemayor.

Lowell Frank Denton (argued), Denton, McKamie & Navarro, San Antonio, TX, for City of San Antonio.

Before JOLLY and PARKER, Circuit Judges, and MILLS, District Judge.

ROBERT M. PARKER, Circuit Judge:

Gina Marie Montemayor ("Montemayor") and the City of San Antonio ("City") appeal the district court's decision to grant in part, and deny in part, the City's Rule 50 motion for judgment as a matter of law ("JMOL"). The critical issue is whether Montemayor proved that her termination from the San Antonio Fire Department ("Department") would not have occurred "but for" her discrimination complaint. In our view, a reasonable jury could...

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