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WOOD v. CITY OF SAN DIEGO

No. 10-56826.

678 F.3d 1075 (2012)

Janet M. WOOD, individually and on behalf of all other similarly situated, Plaintiff-Appellant, v. CITY OF SAN DIEGO; Does 1-20, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2012.

Attorney(s) appearing for the Case

Michael A. Conger , Rancho Santa Fe, CA (argued), Richard H. Benes , San Diego, CA, for appellant Janet M. Wood.

David B. Hopkins (argued), Candace M. Carroll , Robert P. Allenby , Sullivan, Hill, Lewin, Rez & Engel, San Diego, CA, for appellee the City of San Diego.

Before: BETTY B. FLETCHER, ANDREW J. KLEINFELD, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

B. FLETCHER, Circuit Judge:

Janet Wood ("Wood") brought suit under Title VII of the Civil Rights Act of 1964, alleging that the surviving spouse benefit provided by the City of San Diego ("the City") to its retired employees discriminates on the basis of sex. The district court dismissed Wood's disparate treatment and disparate impact claims and entered judgment in favor of the City. We affirm.

I.

Wood retired in 2005 after over...

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