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WALLACE v. CITY OF SAN DIEGO

No. 03-56552.

460 F.3d 1181 (2006)

James D. WALLACE, Plaintiff-Appellant, v. CITY OF SAN DIEGO; City of San Diego Police Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2006.

Attorney(s) appearing for the Case

Carolyn Chapman, Coronado, CA, for the appellant.

Mark Stiffler, Deputy City Attorney, San Diego, CA, for the appellee.

Before JAMES R. BROWNING, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

BROWNING, Circuit Judge.

Plaintiff-Appellant James D. Wallace appeals the district court's order granting the Defendant-Appellee City of San Diego's ("City") motion for judgment as a matter of law and conditionally granting a new trial. The district court issued its order after a jury found that the City retaliated against Wallace in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq., and awarded...

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