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CAUDLE v. DISTRICT OF COLUMBIA

No. 11-7107.

707 F.3d 354 (2013)

Frazier CAUDLE et al., Appellees v. DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 15, 2013.

Attorney(s) appearing for the Case

Carl J. Schifferle , Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for the appellant. Irvin B. Nathan , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor, were on brief.

Jennifer I. Klar argued the cause for the appellees. Megan Cacace and John P. Relman were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

Appellees Frazier Caudle, Nikeith Goins, William James, Sholanda Miller and Donald Smalls (collectively, appellees) sued the District of Columbia (District), their employer, for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (Title VII). During closing argument, their counsel made four inappropriate statements — the last

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