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VELAZQUEZ-GARCIA v. HORIZON LINES OF PUERTO RICO, INC.

No. 06-1082.

473 F.3d 11 (2007)

Carlos VELÁZQUEZ-GARCÍA, Plaintiff, Appellant, v. HORIZON LINES OF PUERTO RICO, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 4, 2007.

Attorney(s) appearing for the Case

Irene M. Vera with whom Pedro J. Salicrup and Salicrup & Rodríguez were on brief for appellant.

J. Ramón Rivera Morales with whom Jiménez, Graffam & Lausell were on brief for appellee.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

STAHL, Senior Circuit Judge.

This case presents an issue of the proper allocation of the burden of proof in cases of alleged discriminatory treatment under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4301 et seq. This is the first time that we have been called upon to address this issue. Plaintiff-appellant Carlos Velázquez-García ("Velázquez") sued his former employer, defendant-appellee...

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