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SIMON v. HONEYWELL, INC.

No. 79-3133.

642 F.2d 754 (1981)

Ralph J. SIMON, Plaintiff-Appellant, v. HONEYWELL, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 13, 1981.

Attorney(s) appearing for the Case

Michael B. Roberts, Houston, Tx., for plaintiff-appellant.

Butler, Binion, Rice, Cook & Knapp, Houston, Tex., M. O. Granath, D. A. Grabham, Minneapolis, Minn., for defendant-appellee.

Before GOLDBERG, CHARLES CLARK and REAVLEY, Circuit Judges.

GOLDBERG, Circuit Judge:

Appellant Ralph Simon ("Simon"), a black male, was employed by appellee Honeywell, Inc. ("Honeywell") from July 1973 until June 1977 when he voluntarily terminated his employment. On three separate occasions during his tenure with Honeywell, Simon was considered for a promotion but was not selected. In each case, a white male was chosen to fill the position. Simon brought suit in district court alleging racial discrimination,

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