FOSTER v. SWIFT & CO.

No. 78-2111.

615 F.2d 701 (1980)

John B. FOSTER, Plaintiff-Appellant, v. SWIFT & CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 1980.


Attorney(s) appearing for the Case

David M. Driscoll, William R. Maynard, El Paso Legal Assistance Society, El Paso, Tex., for plaintiff-appellant.

Sam Sparks, Kenneth R. Carr, El Paso, Tex., for defendant-appellee.

Before GODBOLD, GARZA and RANDALL, Circuit Judges.


GARZA, Circuit Judge:

Appellant, John B. Foster, sued his employer, Swift & Co., pursuant to the Civil Rights Act of 1870, 42 U.S.C. § 1981, alleging that Swift had engaged in employment discrimination against him because of his race. Specifically, Foster alleged (1) that Swift's initial refusal to hire him in 1963 was racially motivated and, even though he was eventually hired in 1966, Swift's refusal to correct his seniority status, to reflect the date...

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