ZUNIGA v. AMFAC FOODS, INC.

No. 76-1512.

580 F.2d 380 (1978)

Fred A. ZUNIGA, Plaintiff-Appellant, v. AMFAC FOODS, INC., d/b/a Wilhelm Foods, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 10, 1978.


Attorney(s) appearing for the Case

Thomas H. May, Denver, Colo., for plaintiff-appellant.

Paul E. Mirengoff, Washington, D. C. (Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Charles L. Reischel and Lutz Alexander Prager, Washington, D. C., on the brief), for Equal Employment Opportunity Commission as amicus curiae.

R. Brooke Jackson, of Holland & Hart, Denver, Colo. (John C. Siegesmund, III, Holland & Hart, Denver, Colo., with him on the brief), for defendant-appellee.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.


HOLLOWAY, Circuit Judge.

Plaintiff-appellant Zuniga brought this action for reinstatement with back pay, advancement in pay grade and seniority denied during a period of discharge, for costs and other equitable relief deemed proper. He alleges that jurisdiction is invoked under 42 U.S.C. § 19811 and also avers diversity of citizenship and that the amount in controversy exceeds $10,000.00. Treating the motion to dismiss on limitations...

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