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IRVING v. DUBUQUE PACKING CO.

Nos. 80-2146, 80-2210.

689 F.2d 170 (1982)

Sylvester IRVING, Plaintiff-Appellee, Cross-Appellant, v. DUBUQUE PACKING COMPANY and Harold Cantrell, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

September 23, 1982.

Attorney(s) appearing for the Case

Charles S. Fisher, Jr., of Fisher, Ochs & Heck, Topeka, Kan. (Robert D. Ochs, of Fisher, Ochs & Heck and Fred W. Phelps, Jr., of Phelps-Chartered, Topeka, Kan., with him on the brief), for plaintiff-appellee, cross-appellant.

Brian G. Grace, Wichita, Kan. (William H. Bruckner of Alaniz, Bruckner & Sykes, Houston, Tex., with him on the brief), for defendants-appellants, cross-appellees.

Before HOLLOWAY, BARRETT and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Dubuque Packing Company (Dubuque) and Harold Cantrell appeal from an adverse jury verdict finding that the actions of Dubuque and Cantrell amounted to a constructive discharge of Sylvester Irving from his employment with Dubuque in violation of 42 U.S.C.A. § 1981. Irving cross-appeals from the trial court's denial of his request for reinstatement, injunctive and other equitable relief. Pursuant to rule 28(h), Federal Rules of Appellate...

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