RICE v. GATES RUBBER CO.

No. 76-2623.

584 F.2d 135 (1978)

Robert H. RICE, Plaintiff-Appellant, v. GATES RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1978.


Attorney(s) appearing for the Case

Avon N. Williams, Jr., Maurice E. Franklin, Nashville, Tenn., Jack Greenberg, James M. Nabrit, III, O. Peter Sherwood, New York City, for plaintiff-appellant.

Norris Jenkins, Goodlettsville, Tenn., Harlan Dodson, III, Nashville, Tenn., for defendant-appellee.

Before EDWARDS, CELEBREZZE and LIVELY, Circuit Judges.


PER CURIAM.

This is the second appeal in this Title VII case. At the first trial the district court held that the individual plaintiff had failed to prove that his discharge was based on race and dismissed the complaint filed in his own behalf. This court affirmed the dismissal of Rice's individual claim, but reversed the dismissal of the class action aspect of the complaint. The case was remanded "to permit the district court to determine whether Rice established...

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