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GARCIA v. GLOOR

No. 77-2358.

618 F.2d 264 (1980)

Hector GARCIA, etc., Plaintiff-Appellant, v. Alton V. W. GLOOR et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 22, 1980.

Attorney(s) appearing for the Case

James A. Herrmann, Texas Rural Legal Aid, Inc., Harlingen, Tex., for plaintiff-appellant.

Ruben Rendon, Mexican American Legal Defense and Educational Fund, San Francisco, Cal., for Mexican American Legal Defense and Educational Fund, amicus curiae.

Joel G. Contreras, Vilma S. Martinez, San Francisco, Cal., William H. Ng, Washington, D. C., for Equal Employment Opportunity Commission, amicus curiae.

Edna E. Canino, Miami, Fla., for amicus—League of United Latin American Citizens.

Joan Humphrey Lefkow, Coral Gables, O. C. Hamilton, Neil E. Norquest, McAllen, Tex., for defendants-appellees.

Jerry Nugent, Austin, Tex., for Lumberman's Ass'n of Texas, amicus curiae.

Before FAY, RUBIN and HATCHETT, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

IT IS ORDERED that this court's opinion reported at 609 F.2d 156 (5th Cir. 1980) be withdrawn and the following is substituted:

Invoking Title VII, the Equal Employment Opportunity Act, 42 U.S.C. § 2000e-2 [EEO Act], Hector Garcia, a native-born American of Mexican descent, challenges as discriminatory his employer's rule that prohibits employees engaged in sales work from speaking Spanish...

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