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CHE v. MASSACHUSETTS BAY TRANSP. AUTHORITY

Nos. 02-2078, 02-2079.

342 F.3d 31 (2003)

Chungchi CHE, Plaintiff-Appellant, Cross-Appellee, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, James F. Johnson, Individually and in his Official Capacity, Defendants-Appellees, Cross-Appellants, Donald A. Smith, Jr., Individually and in his Official Capacity, Brian P. Dwyer, Individually and in his Official Capacity, Defendants, Appellees. Cross Appellees.

United States Court of Appeals, First Circuit.

Decided August 26, 2003.

Attorney(s) appearing for the Case

Jonathan J. Margolis with whom Robert S. Mantell, Laurie A. Frankl and Rodgers Powers & Schwartz, LLP were on brief for plaintiff-appellant, cross-appellee.

Laurie F. Rubin with whom Thomas M. Elcock and Prince, Lobel, Glovsky & Tye LLP were on brief for defendants-appellees, cross-appellants.

Before HOWARD, Circuit Judge, BOWNES and RICHARD S. ARNOLD, Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

A jury found that Chungchi Che ("Che") was the victim of discrimination by his employer, the Massachusetts Bay Transportation Authority ("MBTA"), and one of his supervisors, James Johnson ("Johnson"). Che and the defendants appealed. The parties ask us to review a number of rulings the district court made before, during and after the trial. We affirm, or decline to reach, the district court's decisions on all these matters except one...

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