Professional Documents
Culture Documents
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No. 95-1341
STEPHANIE LUONGO,
Plaintiff - Appellant,
v.
Defendants - Appellees.
____________________
____________________
Before
_____________________
Thomas P. Billings, with whom Sally & Fitch was on brief for
__________________
_____________
appellees.
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____________________
____________________
Per Curiam.
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Stephanie
Luongo
sued Lawner
Reingold
Britton
&
Partners,
her
discrimination, alleging
company's
she was
downsizing plan
overlapped
by
department.
former
for
pregnancy
because both
she and
month,
Reingold filed
under the
her supervisor
approximately one
Lawner
employer,
would have
crippling their
a summary
small
judgment motion,
Luongo was laid off was not discriminatory, but merely part
of a
After
examining the
established by
(1973),
and
case
in light
of
the analytic
its progeny,
the
district
framework
court granted
792
summary
judgment.
case of
sex discrimination,
legitimate,
non-discriminatory
that Luongo
then failed to
reason
Unhappy
for
her
with the
reason for
articulated a
the job
action, and
for a
discharge
district
was a
pretext
for
court's decision,
discrimination.
Luongo filed
the
present appeal.
novo "to
to interrogatories, and
affidavits .
. . show[s]
de
admissions on file,
there is
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together with
no genuine issue
as to
the
any
as a matter of
1995).
law."
We examine
Simon v.
_____
(1st Cir.
of
material
V lez-G mez
___________
Cir. 1993).
fact which
would warrant
trial on
the merits.
"genuine"
issue is
one
that properly
can
be
resolved only by a
resolved in
favor of either
law.
The
the
party.
outcome of
reasonably be
A "material"
issue is one
the governing
nonmovant may
summary
that
is
judgment
defeat a
properly supported
by relying upon
less than
Rather, the
to rebut
not
nonmovant
the motion.
significantly
mere allegations or
probative.
Id.
___
motion for
evidence
at 249-50.
Libertad
________
v. Welch, 53 F.3d
_____
Cir. 1995).
introduce
conclude
sufficient
evidence for
rational
fact finder
to
Stratus
Computer, Inc.,
_________________________
(explaining employee's
articulates
40
F.3d
11,
16
(1st
legitimate,
non-discriminatory
decision).
-3-
See Smith v.
_____
Cir.
1994)
once employer
reason
for
its
the
Affirmed.
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