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WHITE v. BURLINGTON NORTHERN & SANTA FE R.

Nos. 00-6780, 01-5024.

364 F.3d 789 (2004)

Sheila WHITE, Plaintiff-Appellee/Cross-Appellant, v. BURLINGTON NORTHERN & SANTA FE RAILWAY CO., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 14, 2004.

Attorney(s) appearing for the Case

Bryan P. Neal (argued and briefed), Thompson & Knight, Dallas, TX, for Appellant.

William B. Ryan (argued and briefed), Donati Law Firm, Memphis, TN, for Appellee.

Ralph T. Gibson (briefed), Bateman Gibson, Memphis, TN, for Appellant.

Donald A. Donati (briefed), Donati Law Firm, Memphis, TN, for Appellee.

Ann E. Reesman, Robert E. Williams (briefed), McGuiness, Norris & Williams, Washington, D.C., Jenifer M. Bosco (briefed), National Employment Lawyers Association, San Francisco, CA, Ralph E. Lamar IV (briefed), Collegeville, PA, Jennifer S. Goldstein, Equal Employoment Opportunity Commission, Washington, DC, for Amici Curiae.

Before: BOGGS, Chief Judge; MARTIN, KRUPANSKY, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, Circuit Judges.

GIBBONS, J., announced the judgment and majority opinion of the en banc court on all issues. The entire en banc court joined Parts I (Background) and III (Attorney's Fees) of the majority opinion. Part II (Adverse Employment Action) of the majority opinion was joined by BOGGS, C. J., and KRUPANSKY, BATCHELDER, GILMAN, ROGERS, SUTTON, and COOK, JJ., and Part IV (Punitive Damages) was joined by MARTIN, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, and COOK, JJ. CLAY, J. (pp. 808-17...

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