Theresa Elizabeth PEREZ, Plaintiff-Appellant, v. Christopher Frank CURCIO, Et Al., Defendants-Appellees

Good Law
841 F.2d 255·1988 WL 19063·46 Empl. Prac. Dec. (CCH) 37,867·46 Fair Empl. Prac. Cas. (BNA) 492·1988 U.S. App. LEXIS 2939
United States Court of Appeals for the Ninth CircuitMarch 9, 198886-2409California1,887 words

Opinion

Opinion

Tang, J.

ORDER FOR FILING AND PUBLICATION

ORDER

The request for publication of the Memorandum decision filed June 28, 1987 is granted and the attached opinion is ordered filed pursuant to Circuit Rule 36-4 as and for the decision of the court effective that date. The last paragraph contains the panel’s ruling on Perez’s application for attorney’s fees, which was not previously decided.

Theresa Perez appeals the district court’s order granting summary judgment for the City of Phoenix and four of its employees, on Perez’s federal age discrimination claims. Perez also appeals the district court’s dismissal of her pendent state claims. We reverse.

BACKGROUND

In 1969, the City of Phoenix hired appellant Theresa Perez to coordinate music programming for the Department of Parks, Recreation and Libraries Cultural Services Section. Perez was then 45 years old. Perez’s duties included the supervision of a number of part-time employees. Perez’s musical qualifications were outstanding. From the outset of employment, however, she had problems getting along with her co-workers, accepting directions, and following various City rules, regulations, and policies. In 1974 and 1975, her supervisor…

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