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TIPLER v. E. I. duPONT deNEMOURS AND CO.

No. 20639.

443 F.2d 125 (1971)

Sylvester TIPLER, Plaintiff-Appellee, v. E. I. duPONT deNEMOURS AND CO., Inc., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

May 27, 1971.

Attorney(s) appearing for the Case

William F. Kirsch, Jr., Memphis, Tenn., for defendant-appellant, Maurice Wexler, Memphis, Tenn., on brief, Heiskell, Donelson, Adams, Williams & Wall, Memphis, Tenn., of counsel.

Ronald S. Borod, Memphis, Tenn., for plaintiff-appellee.

Robert B. Fitzpatrick, Washington, D. C., for Equal Employment Opportunity Commission as amicus curiae, Stanley P. Hebert, Gen. Counsel, Julia P. Cooper, Gen. Atty., David W. Zugschwerdt, Atty., Equal Employment Opportunity Commission, Washington, D. C., on brief.

Before CELEBREZZE and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

WILLIAM E. MILLER, Circuit Judge.

This action is based on Title VII of the Civil Rights Act of 1964. It comes before us upon a discretionary appeal from a denial of appellant's motion to reconsider the Court's prior adverse ruling on a motion for summary judgment. Plaintiff-appellee, a Negro laborer who had been employed by defendant-appellant for ten years, successfully participated in a union election which ousted appellant...

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