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AH QUIN v. COUNTY OF KAUAI DEPT. OF TRANSP.

No. 10-16000.

733 F.3d 267 (2013)

Kathleen M. AH QUIN, Plaintiff-Appellant, v. COUNTY OF KAUAI DEPARTMENT OF TRANSPORTATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2013.

Attorney(s) appearing for the Case

William H. Burgess (argued) and Dominic E. Draye , Kirkland & Ellis LLP, Washington, D.C., for Plaintiff-Appellant.

Barbara A. Petrus (argued), Shannon H. Sagum , and Jordan M. Odo , Goodsill Anderson Quinn & Stifel LLP, Honolulu, HI, for Defendant-Appellee.

Opinion by Judge GRABER; Dissent by Judge BYBEE.

OPINION

GRABER, Circuit Judge:

Plaintiff Kathleen M. Ah Quin contends that her employer, Defendant County of Kauai Department of Transportation, discriminated against her because she is a woman. While pursuing this action, however, Plaintiff filed for Chapter 7 bankruptcy protection and initially failed to list this action in her bankruptcy schedules. The district court held that judicial estoppel prohibits her from proceeding and, therefore, granted summary...

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