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* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RYAN PRESLEY,
Plaintiff - Appellant,
v.
FREIGHTLINER, LLC,
Defendant - Appellee.
No. 08-35886
D.C. No. 3:07-cv-00276-KI
MEMORANDUM *
Appeal from the United States District Court
for the District of Oregon
Garr M. King, District Judge, Presiding
Argued and Submitted November 5, 2009
Portland, Oregon
Before: KOZINSKI, Chief Judge, FISHER and PAEZ, Circuit Judges.
We review de novo a grant of summary judgment. McGinest v. GTE Serv.
Corp., 360 F.3d 1103, 1112 (9th Cir. 2004). Here, we conclude that there were
genuine issues of material fact as to whether Freightliner discriminated against
Presley on the basis of his race and whether Freightliner retaliated against Presley
FILED
NOV 16 2009
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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when he complained of racial discrimination. We thus reverse the district court’s
grant of summary judgment.
REVERSED and REMANDED.
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