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BYRD v. ILLINOIS DEPT. OF PUBLIC HEALTH

No. 04-1416.

423 F.3d 696 (2005)

Lester BYRD, Plaintiff-Appellee, v. ILLINOIS DEPARTMENT OF PUBLIC HEALTH and Erik Whitaker, successor in office to John Lumpkin, Director, State of Illinois Department of Public Health, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 2005.

Attorney(s) appearing for the Case

Susan M. Andorfer (argued), Belleville, IL, for Plaintiff-Appellee.

Richard S. Huszagh (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Defendants-Appellants.

Before ROVNER, EVANS and SYKES, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Lester Byrd sued his employer for race discrimination and retaliation under Title VII. A jury found against Byrd on his discrimination claim and in favor of Byrd on the retaliation claim. Byrd's employer, the Illinois Department of Public Health ("Department"), appeals, asking this court not only to vacate the judgment in favor of Byrd but also to enter judgment in its favor on the retaliation claim. We vacate and remand for a...

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