United States Fifth Circuit

In a suit alleging discrimination on the basis of national origin, summary judgment for defendant is vacated and remanded where the evidence was insufficient to show that plaintiff had failed to rebut the presumption that she received a right-to-sue letter in the mail in due course.

Appellate Information

• Decided 02/17/2009
• Published 02/18/2009

Judges

• PER CURIAM:, Before GARZA, STEWART and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Victor Roma Farrugia, New Orleans, LA, for Plaintiff-Appellant., Gail S. Coleman, U.S. E.E.O.C., Washington, DC, for E.E.O.C., Amicus Curiae.


• For Appellees:
  
• Jeffrey A. Schwartz, Jackson Lewis, Atlanta, GA, for Defendant-Appellee.