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MALLINSON-MONTAGUE v. POCRNICK

Nos. 98-1275, 98-1297.

224 F.3d 1224 (2000)

Rhonda MALLINSON-MONTAGUE, Jessica Rotola, Plaintiffs-Appellees and Cross-Appellants, v. James POCRNICK, Defendant, and Professional Bank, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 19, 2000.

Attorney(s) appearing for the Case

Ricardo M. Barrera, Special Counsel, (John N. McNamara, Jr., McNamara Law Firm, P.C., Denver, Colorado, with him on the briefs) for Appellant.

Bruce P. Fierst, (Rodney G. Loomis, Special Counsel, Law Offices of Bruce P. Fierst, P.C., Denver, Colorado, with him on the briefs) for Appellees.

Before HENRY, LUCERO, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Professional Bank ("ProBank") appeals from a jury verdict and resulting judgment finding it liable for damages under Title VII for the sexual harassment of Rhonda Mallinson-Montague and Jessica Rotola (the "Plaintiffs") by James Pocrnick, the Plaintiffs' supervisor during their employ at ProBank. On appeal, ProBank asserts as follows: (1) it is entitled to judgment as a matter of law under the affirmative defense set...

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