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SETSER v. NOVACK INV. CO.

No. 80-1100.

638 F.2d 1137 (1981)

Chester W. SETSER, Appellant, v. NOVACK INVESTMENT COMPANY d/b/a Budig Western Trucking and Alvin S. Novack, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 26, 1981.

Attorney(s) appearing for the Case

Michael J. Hoare, Chackes & Hoare, St. Louis, Mo., for appellant.

H. Kent Munson, Stein & Seigel, St. Louis, Mo., for appellees.

Before STEPHENSON and HENLEY, Circuit Judges, and HUNTER, District Judge.

ELMO B. HUNTER, District Judge.

This is an appeal from a final judgment entered below against the appellant Chester Setser and in favor of appellees Novack Investment Co. d/b/a Budig Western Trucking Co. and Alvin S. Novack.1 For the following reasons, we reverse and remand for jury trial.

Appellant brought his action alleging only violations of 42 U.S.C.A. § 1981 [§ 1981].2 Appellant, a white...

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