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SHEPPARD v. DAVID EVANS AND ASSOC.

No. 11-35164.

694 F.3d 1045 (2012)

Kathryn SHEPPARD, Plaintiff-Appellant, v. DAVID EVANS AND ASSOC., an Oregon corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2012.

Attorney(s) appearing for the Case

Glenn N. Solomon , Portland, OR, for the plaintiff-appellant.

Victor Kisch , P.K. Runkles-Pearson , Stoel Rives LLP, Portland, OR, for the defendant-appellee.

P. David Lopez , General Counsel, Lorraine C. Davis , Acting Associate General Counsel, Daniel T. Vail , Attorney, United States Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., for amicus curiae United States Equal Employment Opportunity Commission.

Todd A. Hanchett , Brenda K. Baumgart , Barran Liebman LLP, Portland, OR, for amicus curiae Oregon Association of Defense Counsel.

Before: BETTY B. FLETCHER and HARRY PREGERSON, Circuit Judges, and DONALD E. WALTER, Senior District Judge.

OPINION

PREGERSON, Circuit Judge:

In 2010 Plaintiff-Appellant Kathryn Sheppard ("Sheppard") filed a complaint in federal district court against her former employer, David Evans and Associates ("Evans"). The complaint alleged causes of action for: (1) employment discrimination under the Age Discrimination in Employment Act ("ADEA"); and (2) "wrongful discharge" under Oregon law. The district court dismissed Sheppard's complaint, with leave to amend, for failure...

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