Ryan Presley v. Freightliner, LLC, No. 08-35886 (9th Cir. 2009)

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FILED NOV 16 2009 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT No. 08-35886 RYAN PRESLEY, Plaintiff - Appellant, D.C. No. 3:07-cv-00276-KI v. MEMORANDUM * FREIGHTLINER, LLC, Defendant - Appellee. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. when he complained of racial discrimination. We thus reverse the district court s grant of summary judgment. REVERSED and REMANDED.

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