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ARISMENDEZ v. NIGHTINGALE HOME HEALTH CARE, INC.

No. 06-40593.

493 F.3d 602 (2007)

Mariluz G. ARISMENDEZ, Plaintiff-Appellant, v. NIGHTINGALE HOME HEALTH CARE, INC., doing business as AAA Medical Oxygen Supply, also known as and formerly known as Rotech Healthcare, Inc., also known as and formerly known as Professional Respiratory Home Healthcare, Inc., also known as and formerly known as ABBA Medical Equipment, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 23, 2007.

Attorney(s) appearing for the Case

Savannah Lina Robinson (argued), Danbury, TX, for Plaintiff-Appellant.

Nancy Louise Waters (argued), James Nick Zoys, Geary, Porter & Donovan, Addison, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

BENAVIDES, Circuit Judge:

The Plaintiff-Appellant, Mariluz Arismendez, brought suit against her employer, Nightingale Home Health Care, alleging gender discrimination pursuant to the Texas Commission on Human Rights Act (TCHRA), Tex. Lab.Code Ann. § 21.001 et seq. The jury found that Arismendez's pregnancy was a motivating factor in Nightingale's decision to discharge her and rendered a verdict in favor of Arismendez. The jury also found that Nightingale (1)...

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