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DURON v. ALBERTSON'S LLC

No. 07-30290.

560 F.3d 288 (2009)

Margarita DURON, Plaintiff-Appellant, v. ALBERTSON'S LLC, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 2009.

Attorney(s) appearing for the Case

Victor Roma Farrugia, New Orleans, LA, for Plaintiff-Appellant.

Jeffrey A. Schwartz, Jackson Lewis, Atlanta, GA, for Defendant-Appellee.

Gail S. Coleman, U.S. E.E.O.C., Washington, DC, for E.E.O.C., Amicus Curiae.

Before GARZA, STEWART and OWEN, Circuit Judges.

PER CURIAM:

Margarita Duron brought this suit against Albertson's LLC (Albertson's) alleging discrimination on the basis of national origin in violation of Title VII of the Civil Rights Act of 1964.1 The district court granted summary judgment for Albertson's, concluding that Duron's suit was untimely because she failed to rebut the presumption that she received a right-to-sue letter in the mail in due course. We vacate and remand to the...

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