The following excerpt is from Coleman v. The Quacker Oats Co., 232 F.3d 1271 (9th Cir. 2000):
In Arnett v. California Public Employees Retirement System, 179 F.3d 690, 697 (9th Cir. 1999), vacated and remanded on other grounds, _______ U.S. _______, 120 S.Ct. 930 (2000), we reaffirmed that plaintiffs may bring suit using a "disparate
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