TROTTER v. TODD

No. 81-2192.

719 F.2d 346 (1983)

Cordell TROTTER, Plaintiff-Appellant, v. James A. TODD, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 19, 1983.


Attorney(s) appearing for the Case

Fred W. Phelps, Jr., of Phelps — Chartered, Topeka, Kan., for plaintiff-appellant.

Jim J. Marquez, U.S. Atty., and Alleen S. Castellani, Asst. U.S. Atty., Topeka, Kan., for defendants-appellees.

Before SETH, Chief Judge, BARRETT, Circuit Judge, and BOHANON, Senior Judge, United States District Judge for the Northern, Eastern and Western Districts of Oklahoma, sitting by designation.


BARRETT, Circuit Judge.

Appellant Cordell Trotter (Trotter) brought an action for racial discrimination in employment pursuant to 42 U.S.C. §§ 1981, et seq., 42 U.S.C. §§ 2000e, et seq. (Title VII), and the Fifth Amendment to the United States Constitution (equal protection). The district court impaneled an advisory jury pursuant to Fed.Rules Civ. Proc. rule 39(c), 28 U.S.C.A. to hear Trotter's constitutional and Title VII claims...

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