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SMITH v. CATERPILLAR, INC.

No. 02-1076.

338 F.3d 730 (2003)

Rebecca C. SMITH, Plaintiff-Appellant, v. CATERPILLAR, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 31, 2003.

Attorney(s) appearing for the Case

Clayton W. Moushon (argued), Dunlap, IL, for Plaintiff-Appellant.

Michael A. Warner (argued), Seyfarth Shaw, Chicago, IL, for Defendant-Appellee.

Before FLAUM, Chief Judge, and HARLINGTON WOOD, JR., and MANION, Circuit Judges.

FLAUM, Chief Judge.

In August 1999 Rebecca Smith charged her former employer, Caterpillar, Inc., with gender discrimination and retaliation in violation of Title VII, 42 U.S.C. § 2000e et seq. Smith's allegations arise from conduct that occurred in 1991 during her 60-day probationary employment with Caterpillar as a fire inspector trainee. After twice denying Caterpillar's motion for summary judgment, the district court

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