HIGGINS v. GATES RUBBER CO.

No. 76-1847.

578 F.2d 281 (1978)

Otis HIGGINS, Plaintiff-Appellant, v. GATES RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 15, 1978.


Attorney(s) appearing for the Case

Penfield W. Tate, II, Denver, Colo., for plaintiff-appellant.

Dayton Denious, Denver, Colo., for defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.


McKAY, Circuit Judge.

This in forma pauperis appeal is from a denial of relief requested under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1970). Section 2000e-2(a)(1) makes it "an unlawful employment practice for an employer . . . to discharge any individual . . . because of such individual's race." Since plaintiff does not claim the trial court's findings of fact should be set aside as clearly erroneous under Rule 52,...

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