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SMITH v. UNIVERSAL SERVICES, INC.

No. 71-1635.

454 F.2d 154 (1972)

Donald C. SMITH, Plaintiff-Appellant, v. UNIVERSAL SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

On Rehearing and Rehearing March 8, 1972.

Attorney(s) appearing for the Case

John H. Brooks, Laborde & Brooks, New Orleans, La., for plaintiff-appellant.

J. Barnwell Phelps, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for defendant-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

On Rehearing and Rehearing En Banc March 8, 1972.

THORNBERRY, Circuit Judge:

Plaintiff, a member of the Pentecostal Church, brought suit against his former employer, Universal Services, Incorporated (Universal), for alleged discriminatory employment practices under Title VII of the Civil Rights Act of 1964, Title 42, U.S.C., Sections 2000e et seq. Plaintiff alleges that his dismissal from Universal's service was arbitrary and capricious

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