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WHEELER v. MISSOURI HIGHWAY & TRANSP. COM'N

Nos. 02-3569, 02-3570.

348 F.3d 744 (2003)

Jerry WHEELER, Plaintiff-Appellee/Cross-Appellant, Jeanette Wheeler, Plaintiff, v. MISSOURI HIGHWAY & TRANSPORTATION COMMISSION, also known as Missouri Department of Transportation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 31, 2003.

Order Denying Petition for Rehearing and for Rehearing December 19, 2003.

Attorney(s) appearing for the Case

Melinda Grace-Beasley, argued, Jefferson City, MO (Rich Tiemeyer, on the brief), for appellant.

Charles R. Douglas, argued, Glen Carbon, IL, for appellee.

Before SMITH, LAY, and BRIGHT, Circuit Judges.

Order Denying Petition for Rehearing and for Rehearing En Banc December 19, 2003.

LAY, Circuit Judge.

Jerry Wheeler brought this "reverse discrimination" case asserting that the Missouri Highway and Transportation Commission ("MHTC") hired a female employee rather than Wheeler for a permanent crew worker position. The jury found that Wheeler had been discriminated against, but denied damages on the ground that Wheeler, in any event, would not have received...

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