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MICKELSON v. NEW YORK LIFE INS. CO.

No. 05-3049.

460 F.3d 1304 (2006)

Jennifer J. MICKELSON, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 28, 2006.

Attorney(s) appearing for the Case

Mark A. Buchanan, Sanders, Simpson & Fletcher, L. C., Kansas City, MO, for the Appellant.

Elaine Drodge Koch (Jeremiah J. Morgan and Heather S. Esau Zerger, with her on the brief), Bryan Cave LLP, Kansas City, MO, for the Appellee.

Julie Gantz, Attorney (Eric S. Dreiband, General Counsel, Carolyn L. Wheeler, Acting Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, with her on the brief), Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., for amicus curiae Equal Employment Opportunity Commission.

Before TACHA, Chief Circuit Judge, BALDOCK, and LUCERO, Circuit Judges.

TACHA, Chief Circuit Judge.

Plaintiff-Appellant Jennifer J. Mickelson sued her employer, Defendant-Appellee New York Life Insurance Company ("NYL"), alleging retaliation and discrimination on the basis of sex under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and salary discrimination under the Equal Pay Act ("EPA"), 29 U.S.C. § 206(d). The District Court granted summary judgment in favor of NYL on all claims. On appeal, Ms. Mickelson...

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