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WALL v. NATIONAL R.R. PASSENGER CORP.

No. 82-5260.

718 F.2d 906 (1983)

Johnnie WALL, Plaintiff-Appellant, v. NATIONAL RAILROAD PASSENGER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1983.

Attorney(s) appearing for the Case

C. Ann Courtney, Washington, D.C., for defendant-appellee.

Paul Grace, Arlington, Va., for plaintiff-appellant.

Before WALLACE and PREGERSON, Circuit Judges, and BURNS, District Judge.

WALLACE, Circuit Judge:

Wall sued under 42 U.S.C. §§ 1981, 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that he was discharged by National Railroad Passenger Corporation (Amtrak) because of his race. The district judge dismissed the section 1983 claim for lack of jurisdiction because Amtrak did not act under color of state law. The Title VII and section 1981 claims were then tried before the district...

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