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HUMPHREY v. SOUTHWESTERN PORTLAND CEMENT COMPANY

No. MO-71-CA-89.

369 F.Supp. 832 (1973)

Luther HUMPHREY v. SOUTHWESTERN PORTLAND CEMENT COMPANY.

United States District Court, W. D. Texas, Midland-Odessa Division.

Motion to Amend and Order Denying Motion April 12, 1973.

Attorney(s) appearing for the Case

Robert E. Hoblit, Warren Burnett Associated, Odessa, Tex., for plaintiff.

W. A. Thurmond, Scott, Hulse, Marshall & Feuille, El Paso, Tex., for defendant.

MEMORANDUM OPINION OVERRULING DEFENDANT'S MOTION TO STRIKE

SUTTLE, District Judge.

This case is based on the Civil Rights Act of 1964. It arises from a decision by the defendant to promote a white employee to a maintenance job instead of promoting a black.

After a non-jury trial had been held, on the 3rd day of January, 1973 a motion was filed to strike a part of the plaintiff's second amended complaint. In addition to this request to strike, the...

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