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MILES v. DELL, INC.

No. 04-2500.

429 F.3d 480 (2005)

Kimberly MILES, Plaintiff-Appellant, v. DELL, INCORPORATED, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 2005.

Attorney(s) appearing for the Case

ARGUED: Mona Lyons, Washington, D.C., for Appellant. Elizabeth Ellen Theran, United States Equal Employment Opportunity Commission, Washington, D.C., for Amicus Supporting Appellant. Jonathan S. Franklin, Hogan & Hartson, L.L.P., Washington, D.C., for Appellee. ON BRIEF: Eric S. Dreiband, General, Carolyn L. Wheeler, Acting Associate General, Vincent J. Blackwood, Assistant General, United States Equal Employment Opportunity Commission, Washington, D.C., for Amicus Supporting Appellant. Jessica L. Ellsworth, Hogan & Hartson, L.L.P., Washington, D.C., for Appellee.

Before LUTTIG, Circuit Judge, HAMILTON, Senior Circuit Judge, and JAMES C. DEVER, III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Senior Judge HAMILTON and Judge DEVER joined.

LUTTIG, Circuit Judge.

Plaintiff-appellant Kimberly Miles, a former account manager at Dell, Inc., sued Dell for sex discrimination, pregnancy discrimination, and retaliation under Title VII. The district court granted Dell's motion for summary judgment as to all three claims, concluding that, under governing...

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