In an employment discrimination action involving circumstances where a co-worker claimed to be able to communicate with plaintiff’s dead brother, district court judgment is reversed where the court erred in treating plaintiff’s hostile work environment claim as one for constructive discharge. The matter is remanded for further proceedings on the hostile work environment discrimination claim.    

Read Winspear v. Community Development, Inc., No. 08-2041

Appellate InformationAppeal from the United States District Court for the District of Minnesota.Submitted: November 14, 2008Filed: July 29, 2009

JudgesBefore MELLOY, BOWMAN, and SMITH, Circuit Judges.Opinion by MELLOY, Circuit Judge.BOWMAN, Circuit Judge, concurring.SMITH, Circuit Judge, dissenting.

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