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HERRERA v. LUFKIN INDUSTRIES, INC.

No. 04-8089.

474 F.3d 675 (2007)

Lewis HERRERA, Plaintiff-Appellant, v. LUFKIN INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 4, 2007.

Attorney(s) appearing for the Case

Jeffrey C. Gosman, Gosman Law Office, Casper, WY, for Plaintiff-Appellant Lewis Herrera.

Douglas E. Hamel, Vinson & Elkins L.L.P. (Amy S. Farber, Vinson & Elkins L.L.P., Houston Texas, Frank D. Neville and P. Craig Silva, Williams, Porter, Day and Neville, Casper, Wyoming, with him on the briefs), Houston, TX, for Defendant-Appellee Lufkin Industries, Inc.

Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and CASSELL, District Judge.

EBEL, Circuit Judge.

Plaintiff-Appellant Lewis Herrera appeals the district court's decision granting his employer, Defendant-Appellee Lufkin Industries, Inc. ("Lufkin") summary judgment on Herrera's Title VII claim alleging a racially hostile work environment. Because we conclude that Herrera has presented evidence in support of this claim sufficient to be entitled to have a jury resolve it, we REVERSE the district court's summary judgment decision and REMAND this...

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