TERRELL v. FELDSTEIN COMPANY, INC.

No. 72-2494 Summary Calendar.

468 F.2d 910 (1972)

Golie Leroy TERRELL, Plaintiff-Appellant, v. The FELDSTEIN COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1972.


Attorney(s) appearing for the Case

U. W. Clemon, Birmingham, Ala., for plaintiff-appellant.

A. Berkowitz, Jackson M. Payne, Birmingham, Ala., for defendant-appellee.

Before BELL, DYER and CLARK, Circuit Judges.


PER CURIAM:

Terrell appeals from an adverse judgment entered in a non-jury trial in which he asserted that, in violation of 42 U.S. C.A. § 1981 and 42 U.S.C.A. § 2000e et seq., the Company maintained a racially discriminatory promotional policy, refused to promote him to salesman, and discharged him when he sought the promotion.

Two questions are presented for review: (1) did the district judge consider the proffered statistical evidence of class...

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