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JENNINGS v. UNIVERSITY OF NORTH CAROLINA

No. 04-2447.

482 F.3d 686 (2007)

Melissa JENNINGS, Plaintiff-Appellant, and Debbie Keller, Plaintiff, v. UNIVERSITY OF NORTH CAROLINA, at Chapel Hill; Anson Dorrance, individually and as women's soccer coach at UNC; William Palladino, individually and as assistant women's soccer coach at UNC; Chris Ducar, individually and as assistant women's soccer coach at UNC; Bill Prentice, individually and as athletic trainer at UNC; Michael K. Hooker, individually and as Chancellor at UNC; Susan Ehringhaus, individually and as assistant to the Chancellor at UNC; Richard A. Baddour, individually and as Director of Athletics for UNC; Beth Miller, individually and as Senior Associate Director of Athletics at UNC; John Swofford, individually and as former Director of Athletics for UNC; All Defendants, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 2007.

Attorney(s) appearing for the Case

ARGUED: Daniel Francis Konicek, Konicek & Dillon, P.C., Geneva, Illinois, for Appellant. Thomas J. Ziko, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

ON BRIEF: Jeffrey T. Mitchell, Konicek & Dillon, P.C., Geneva, Illinois, for Appellant. Joyce S. Rutledge, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees; Douglas E. Kingsbery, Tharrington Smith, L.L.P., Raleigh, North Carolina, for Appellee Anson Dorrance, individually and as women's soccer coach at UNC.

Before WILKINS, Chief Judge, and NIEMEYER, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Chief Judge WILKINS, Judge MOTZ, Judge TRAXLER, Judge KING, Judge GREGORY, Judge SHEDD, and Judge DUNCAN joined. Judge GREGORY wrote a separate concurring opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a dissenting opinion, in which Judge WILLIAMS joined.

Judge WIDENER and Judge WILKINSON, being disqualified...

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