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GORDON v. SHAFER CONTRACTING CO., INC.

No. 06-1963.

469 F.3d 1191 (2006)

Willie GORDON, Plaintiff-Appellant, v. SHAFER CONTRACTING CO., INC., Defendant-Appellee. Equal Employment Opportunity Commission, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 6, 2006.

Attorney(s) appearing for the Case

Stephen C. Fiebiger, argued, Burnsville, Minnesota, for appellant.

Dominic J. Cecere, argued, Minneapolis, Minnesota (Joel E. Abahamson and Tracey Holmes Donesky, on the brief), for appellee.

Anne N. Occhialino, argued, Washington, D.C. (James L. Lee, Carolyn L. Wheeler, Lorraine C. Davis, and Susan R. Oxford, on the brief), for amicus curiae.

Before LOKEN, Chief Judge, LAY and MELLOY, Circuit Judges.

LAY, Circuit Judge.

Willie Gordon appeals the district court's1 adverse grant of summary judgment. We affirm.

BACKGROUND

Willie Gordon is a fifty-two year old African American male. Gordon worked for Shafer Contracting Co. ("Shafer"), a construction company, during the construction season from June 1994 to June 2003. Shafer's employees are unionized and governed by collective bargaining agreements ("CBA").

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