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United States Seventh Circuit


Smith v. Castaways Family Diner, 05-3467

Summary judgment in a discrimination and retaliation case under Title VII of the Civil Rights Act is reversed and remanded where the district court erred in excluding two individuals who manage the restaurant from its tally of employees for purposes of concluding that the restaurant was not an "employer" under the Act because it did not have fifteen employees for the requisite period.

Appellate Information

  • Argued 02/06/2006
  • Decided 07/18/2006
  • Published 07/18/2006

Judges

  • ROVNER, Circuit Judge., Before FLAUM, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Anna M. Hearn (Argued), Blachly, Tabor, Bozik & Hartman, Valparaiso, IN, for Plaintiff-Appellant.

  • For Appellees:
  • J. Thomas Vetne (Argued), Jones Obenchain, South Bend, IN, for Defendants-Appellees.
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