Court of Appeals for the Tenth Circuit January 25, 2005, 03-3307, 04-3073 (Miller v. EBY Realty Group LLC)

F I L E D

United States Court of Appeals

Tenth Circuit

PUBLISH

JAN 25 2005

UNITED STATES COURT OF APPEALS

PATRICK FISHER

Clerk

TENTH CIRCUIT

RICHARD MILLER,

Plaintiff - Appellee,

vs.

Nos. 03-3307 and 04-3073

EBY REALTY GROUP LLC, formerly

known as EMC, Inc.,

Defendant - Appellant,

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EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

Amicus Curiae.