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TORGERSON v. CITY OF ROCHESTER

No. 09-1131.

643 F.3d 1031 (2011)

David TORGERSON; Jami Mundell, Appellants, v. CITY OF ROCHESTER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 2011.

Attorney(s) appearing for the Case

Leslie Lyn Lienemann , argued, St. Paul, MN, for appellants.

Patricia Ytzen Beety , argued, St. Paul, MN, for appellee.

Before RILEY, Chief Judge, and WOLLMAN, LOKEN, MURPHY, BYE, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, En Banc.

BENTON, Circuit Judge.

David Jaye Torgerson and Jami Kay Mundell challenge the City of Rochester, Minnesota's decision not to hire them as firefighters. Torgerson, a Native American, alleges disparate-treatment discrimination based on national origin. Mundell, a female, alleges disparate-treatment discrimination based on gender. They claim that the City violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17, and the Minnesota Human...

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