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BAUER v. CURATORS OF UNIVERSITY OF MISSOURI

No. 11-2758.

680 F.3d 1043 (2012)

Susan BAUER, Appellee, v. CURATORS of the UNIVERSITY OF MISSOURI, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2012.

Attorney(s) appearing for the Case

Randall B. Johnston , Johnston & Smith, LLC, Columbia, MO, argued ( George S. Smith , on the brief), for appellant.

Phillip J. Hoskins , Office of the Gen. Counsel, Univ. of Mo. System, Columbia, MO, argued, for appellee.

Before WOLLMAN, COLLOTON and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Susan Bauer, an advanced practical nurse at the University of Missouri Hospital and Clinics, sued the Board of Curators, alleging a violation of the Equal Pay Act, 29 U.S.C. § 206(d). She claimed she was paid less than a male who performed substantially equal work under similar working conditions. The district court, over Bauer's objection, gave the business-judgment instruction: "You may not return a verdict for the plaintiff just because...

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