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Case Brief

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The United States District Court for the Western District of Pennsylvania, Barron P. McCune, J., 854 F.Supp. 378, granted employer's motion for summary judgment in Title VII case, and appeal was taken. The Court of Appeals, Becker, Circuit Judge, 31 F.3d 1221, vacated and remanded, and petition for writ of certiorari was granted. The United States Supreme Court, 514 U.S. 1034, 115 S.Ct. 1397, 131 L.Ed.2d 286, vacated judgment and remanded case. The Court of Appeals held that, if employer proved that it would have terminated worker's employment for the reason revealed by the after-acquired evidence, backpay would run from discharge to time that wrongdoing was discovered. Remanded. Procedural Posture(s): On Appeal; Motion for Summary Judgement.


United States Court of Appeals, Third Circuit


Hon. Edward Roy Becker, Hon. Richard L. Nygaard, Yohn


Joel S. Sansone (argued), Kelly L. Scanlon, Sansone & Associates, Pittsburgh, PA, for appellant. Roslyn M. Litman (argued), Martha S. Helmreich, Litman Litman Harris Brown and Watzman, P.C., Pittsburgh, PA, for appellee. James R. Neely, Jr., Deputy Gen. Counsel, Gwendolyn Young Reams, Associate General Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Barbara L. Sloan (argued), E.E.O.C., Office of Gen. Counsel, Washington, DC, for amicus curiae in support of appellant.

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