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HOLLY D. v. CALIFORNIA INSTITUTE OF TECHNOLOGY

Nos. 01-56050, 01-56189.

339 F.3d 1158 (2003)

Holly D., an individual, Plaintiff-counter-defendant-Appellant, v. California Institute of Technology, a California Non-Profit corporation, Defendant-Appellee, Stephen Wiggins, Ph.D., Defendant-counter-claimant-Appellee. Holly D., an individual, Plaintiff-counter-defendant-Appellee, v. California Institute of Technology, a California Non-Profit corporation, Defendant-Appellee, Stephen Wiggins, Ph.D., Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2003.

Attorney(s) appearing for the Case

John H. Ernster and Joseph P. Mascovich, Ernster Law Offices, P.C., Pasadena, California, for the plaintiff-counter-defendant-appellant/appellee.

James A. Zapp, Paul, Hastings, Janofsky & Walker LLP, Los Angeles, California, for the defendant-appellee.

Diana P. Scott, Greenberg Traurig LLP, Los Angeles, California, for the defendant-counter-claimant-appellee/appellant.

Before: Stephen Reinhardt, Diarmuid F. O'Scannlain, and Richard A. Paez, Circuit Judges.

Argued and Submitted December 2, 2002 — Pasadena, California.

OPINION

REINHARDT, Circuit Judge:

Plaintiff Holly D., a 47-year-old woman, contends that in order to keep her job at the California Institute of Technology ("Caltech"), she was forced to engage in sexual relations with Stephen Wiggins, the professor for whom she worked. Although she was never told that she would be fired, demoted, or otherwise...

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