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PAYNE v. McLEMORE'S WHOLESALE & RETAIL STORES

No. 79-3674.

654 F.2d 1130 (1981)

Charles PAYNE, Plaintiff-Appellee, v. McLEMORE'S WHOLESALE & RETAIL STORES, a Louisiana Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied October 16, 1981.

Attorney(s) appearing for the Case

G. Phillip Shuler, David L. McComb, Jarrell E. Godfrey, Jr., New Orleans, La., for defendant-appellant.

R. James Kellogg, New Orleans, La., for plaintiff-appellee.

Before COLEMAN, GARZA and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 16, 1981.

SAM D. JOHNSON, Circuit Judge:

This is a Title VII action alleging that in early 1971, defendant McLemore's Wholesale & Retail Stores, Inc. failed to rehire plaintiff Charles Payne because of his participation in activities protected by section 704(a) of the Civil Rights Act of 1964. 42 U.S.C.A. § 2000e-3(a). The district court concluded that plaintiff...

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