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JUINO v. LIVINGSTON PARISH FIRE DIST. NO. 5

No. 12-30274.

717 F.3d 431 (2013)

Rachel JUINO, Plaintiff-Appellant, Cross-Appellee, v. LIVINGSTON PARISH FIRE DISTRICT NO. 5, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

May 30, 2013.

Attorney(s) appearing for the Case

Winston G. DeCuir, Jr., Esq. , DeCuir, Clark & Adams, L.L.P., Baton Rouge, LA, for Plaintiff-Appellant, Cross-Appellee.

Henry DuPont Hjck Olinde, Jr., Esq. , Olinde & Mercer, L.L.C. Baton Rouge, LA, for Defendant-Appellee, Cross-Appellant.

Before STEWART, Chief Judge, and SMITH and WIENER, Circuit Judges.

CARL E. STEWART, Chief Judge:

Plaintiff-Appellant Rachel Juino ("Juino") appeals from the district court's dismissal of her claim of sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"). The district court ruled that Juino, a volunteer firefighter, was not an "employee" within the meaning of Title VII. The existence of an employment relationship in the volunteer context is an issue of first impression...

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