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McGINEST v. GTE SERVICE CORP.

No. 01-57065.

360 F.3d 1103 (2004)

George McGINEST, Plaintiff-Appellant, v. GTE SERVICE CORP.; Mike Biggs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2004.

Attorney(s) appearing for the Case

David A. Cohn, Mancini & Associates, Encino, California; Gerald M. Serlin, Benedon & Serlin, Woodland Hills, California, for the plaintiff-appellant.

Jennifer L. Nutter and Thomas P. Brown IV, Epstein, Becker & Green, Los Angeles, California, for the defendant-appellee.

Before: Stephen REINHARDT, Diarmuid F. O'SCANNLAIN, and Richard A. PAEZ, Circuit Judges.

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

Opinion by Judge Paez; Partial Concurrence and Partial Dissent by Judge O'Scannlain.

OPINION

PAEZ, Circuit Judge:

George McGinest, an African-American employee of GTE Service Corporation ("GTE"), sued GTE under Title VII for creation of a racially hostile work environment, failure to promote due to racial discrimination, and failure to promote due to retaliation. McGinest...

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