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ARBAUGH v. Y&H CORP.

No. 03-30365.

380 F.3d 219 (2004)

Jenifer ARBAUGH, Plaintiff-Appellant, v. Y&H CORPORATION, doing business as The Moonlight Cafe; and Yalcin Hatipoglu, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 2, 2004.

Attorney(s) appearing for the Case

Jeffrey A. Schwartz (argued), Audrey N. Browne, Watkins, Ludlam, Winter & Stennis, New Orleans, LA, for Plaintiff-Appellant.

Brett John Prendergast (argued), New Orleans, LA, for Defendants-Appellees.

Before EMILIO M. GARZA, DeMOSS and CLEMENT, Circuit Judges.

DeMOSS, Circuit Judge:

Jenifer Arbaugh filed suit against Y&H Corporation ("Y&H") and Yalcin Hatipoglu (collectively, "Defendants"), in November 2001, asserting claims under both Title VII of the Civil Rights Act of 1964 and Louisiana state tort law. After a two-day jury trial in October 2002, a verdict was returned in favor of Arbaugh. In November 2002, Defendants filed a motion to dismiss, contending that Y&H did not qualify as an "employer" under 42...

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