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LIVELY v. FLEXIBLE PACKAGING ASS'N

No. 97-CV-128.

830 A.2d 874 (2003)

Gaye LIVELY, Appellant, v. FLEXIBLE PACKAGING ASSOCIATION, et al., Appellees.

District of Columbia Court of Appeals.

Decided August 21, 2003.

Attorney(s) appearing for the Case

Lawrence E. Eiser, with whom Thomas L. McCally, was on the brief, for appellant.

Alfred Belcuore for appellees.

Stephen Z. Chertkof, Lois G. Williams, Avis Buchanan, Susan Huhta, Carl Messineo, and Linda M. Correia, filed an amicus curiae brief for the Washington Lawyers' Committee for Civil Rights and Urban Affairs, the Partnership for Civil Justice, Inc., and the Metropolitan Washington Employment Lawyers' Association.

Before WAGNER, Chief Judge, TERRY, STEADMAN, SCHWELB, FARRELL, RUIZ, REID, GLICKMAN, and WASHINGTON, Associate Judges, and BELSON, Senior Judge.

REID, Associate Judge:

On June 11, 2001, this court issued an order vacating the panel decision in Lively v. Flexible Packaging Ass'n, et al., 765 A.2d 954 (D.C.2001), an employment discrimination case in which the majority affirmed a trial court judgment overturning a jury verdict in favor of appellant Gaye Lively, and against appellees Flexible Packaging Association ("FPA") and Mr. Glen Braswell ("Mr. Braswell"),

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