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Stirrings on Smith v. Xerox in 5th Circuit Internecine Squabble

More than two years ago, I expressed my hopes that the 5th Circuit would undertake an en banc review of the panel decision in Smith v. Xerox, a decision that answered whether a mixed motive was available in a retaliation claim after the Supreme Court's Gross decision. See 5th Circuit En Banc Request on Smith v. Xerox, Please! Alas, it was not to be as the case settled before there was any further review.
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