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MOHAMMED v. CALLAWAY

No. 80-2049.

698 F.2d 395 (1983)

Abraham MOHAMMED, Plaintiff-Appellant, v. Howard H. CALLAWAY, Secretary, United States Department of the Army, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 11, 1983.

Attorney(s) appearing for the Case

Virginius Dabney of Dabney & Dabney, Salt Lake City, Utah, for plaintiff-appellant.

Lawrence Leigh, Asst. U.S. Atty., Salt Lake City, Utah (Ronald L. Rencher, U.S. Atty., and Wallace Boyack, Asst. U.S. Atty., Salt Lake City, Utah, on the brief), for defendant-appellee.

Before SETH, Chief Judge, and LOGAN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Abraham Mohammed brought this action against the Department of the Army alleging discrimination based on national origin in violation of Title VII, 42 U.S.C. §§ 2000e to 2000e-17 (1976). After a bench trial, the district court concluded that no illegal discrimination had occurred. On appeal Mohammed contends that: (1) the court improperly formulated the elements of a prima facie case of discriminatory failure to promote; and (2) the...

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