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HARRIS v. NORFOLK & W. RY. CO.

No. 79-1587.

616 F.2d 377 (1980)

Jerome HARRIS, Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1980.

Rehearing and Rehearing Denied April 14, 1980.

Attorney(s) appearing for the Case

Frank P. Wolff, Jr., Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo. (argued), and Timothy L. Stalnaker, St. Louis, Mo., on brief, for appellant.

Stephen M. Schoenbeck, Schoenbeck, Tucker & Schoenbeck, St. Louis, Mo., for appellee.

Before GIBSON, Senior Circuit Judge, and ROSS and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 14, 1980.

HENLEY, Circuit Judge.

This is a racial discrimination in employment case brought by a black employee, Jerome Harris, against his corporate employer, Norfolk & Western Railway Company, hereinafter called the Railroad. Plaintiff was discharged in 1972 after a disciplinary episode. He had been employed by the Railroad as a carman's helper, and at about the time of his discharge the Railroad had furloughed...

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