BROWN v. STATE OF TENN.

No. 81-5369.

693 F.2d 600 (1982)

Herbert E. BROWN, Plaintiff-Appellee, v. STATE OF TENNESSEE, Tennessee Department of Human Services, Sammie Lynn Puett, Commissioner, Defendants, Tennessee Department of Human Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 18, 1982.


Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. of Tennessee, Melinda J. Branscomb, Asst. Atty. Gen., Nashville, Tenn., for defendant-appellant.

Saul Kay, Memphis, Tenn., for plaintiff-appellee.

Before LIVELY and JONES, Circuit Judges, and CECIL, Senior Circuit Judge.


NATHANIEL R. JONES, Circuit Judge.

The State of Tennessee appeals the judgment for plaintiff in this Title VII sex discrimination case alleging discriminatory failure to promote Herbert Brown to the level of his female co-workers. Though affirming the primary findings of fact by the district court, we reverse because as a matter of law the district court findings establish an unrebutted legitimate nondiscriminatory reason for the dissimilar treatment of Mr. Brown...

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