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UNDERWOOD v. PERRY COUNTY COM'N

No. 04-11713.

431 F.3d 788 (2005)

Viola Williams UNDERWOOD, Plaintiff-Appellant, v. PERRY COUNTY COMMISSION, Albert Turner, Albert Paige, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 5, 2005.

Attorney(s) appearing for the Case

Stephen Jared Austin, John David Saxon, John D. Saxon, P.C., Birmingham, AL, for Underwood.

Robbie Alexander Hyde, Webb & Eley, P.C., Montgomery, AL, for Defendants-Appellees.

Before CARNES and PRYOR, Circuit Judges, and FORRESTER, District Judge.

PER CURIAM:

After we vacated our earlier opinion, we ordered supplemental briefs from the parties. We now substitute this opinion for our earlier one.

The issue in this appeal is whether a complaint of sex discrimination regarding the hiring of a truck driver for Perry County, Alabama, survives summary judgment when the applicant, Viola Underwood, failed to establish that a male was hired for the position. Underwood sued

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