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JULIE GALLAGHER,
Plaintiff-Appellant,
v.
C.H. ROBINSON WORLDWIDE, INC.,
Defendant-Appellee.


No. 08-3337

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 06-02443—Dan A. Polster, District Judge.
Argued: January 22, 2009
Decided and Filed: May 22, 2009
Before: GIBBONS and McKEAGUE, Circuit Judges; SHADUR, District Judge.

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OPINION
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McKEAGUE, Circuit Judge. Plaintiff Julie Gallagher was employed by defendant C.H. Robinson Worldwide, Inc., in Cleveland as a transportation specialist for four months. Throughout this period, she complained to her immediate supervisor about the crude and offensive language and conduct of her co-workers, but her complaints fell on deaf ears. Disgusted, she resigned. Nearly four years later, she commenced this action in the Northern District of Ohio, suing C.H. Robinson Worldwide for sexual harassment (hostile work environment) under federal and state law. The district court granted defendant’s motion for summary judgment, finding plaintiff failed to present sufficient evidence to make out a prima facie case. On appeal, Gallagher argues that the record evidence is sufficient to create genuine issues of material fact. Reviewing the record in the light most favorable to Gallagher, we find the district court’s assessment of the prima facie case elements to be flawed in several respects. We find the record facts are sufficient to create genuine fact issues which preclude summary judgment. We therefore reverse the district court’s ruling and remand the case for further proceedings.