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RICE v. GATES RUBBER COMPANY

No. 74-1630.

521 F.2d 782 (1975)

Robert H. RICE, Plaintiff-Appellant, Carlton M. Glenn, Intervenor, v. GATES RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 25, 1975.

Attorney(s) appearing for the Case

Avon N. Williams, Jr., Julian W. Blackshear, Jr., Russell C. B. Ennix, Jimmie Baxter, Nashville, Tenn., Jack Greenberg, James M. Nabrit, III, Morris Baller, Phillip Brookins, New York City, for plaintiff-appellant.

David M. Keeble, Harlan Dodson, III, M. Norris Jenkins, Nashville, Tenn., Robert G. Wilson, Denver, Colo., for defendant-appellee.

Before CELEBREZZE, McCREE, and LIVELY, Circuit Judges.

McCREE, Circuit, Judge.

This appeal from the dismissal, after trial without a jury, of a complaint alleging racial discrimination in employment practices presents two issues for our consideration:1 (1) whether the district court erred in determining that appellant Rice's discharge from employment was based on cause and not on his race, which is Negro; and (2) whether the district court employed an erroneous legal standard in its determination...

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