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ERNSTER v. LUXCO, INC.

No. 09-1200.

596 F.3d 1000 (2010)

Barbara ERNSTER, Plaintiff-Appellant, v. LUXCO, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2010.

Attorney(s) appearing for the Case

Mark D. Sherinian, argued, West Des Moines, IA, for appellant.

Debra Lynne Hulett, argued, Des Moines, IA, Frank Boyd Harty, on the brief, for appellee.

Before LOKEN, Chief Judge, MURPHY and BYE, Circuit Judges.

LOKEN, Chief Judge.

Barbara Ernster sued Luxco, Inc., alleging wrongful termination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626 et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code Ann. Ch. 216. After denying Luxco summary judgment on the threshold issue of whether Ernster was an employee or an independent contractor, the district court1 ordered a jury trial of that issue. The jury returned...

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