TURPEN v. MISSOURI-KANSAS-TEXAS R. CO.

No. 83-1493.

736 F.2d 1022 (1984)

Johnnie F. TURPEN, Plaintiff-Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 2, 1984.


Attorney(s) appearing for the Case

Jenkins & Watkins, David Watkins, Dallas, Tex., for plaintiff-appellant.

Worsham, Forsythe & Sampels, Robert A. Wooldridge, Richard L. Adams, Dallas, Tex., for Missouri-Kansas-Texas R. Co.

Before BROWN, GEE, and RUBIN, Circuit Judges.


GEE, Circuit Judge:

Plaintiff Johnnie F. Turpen, a Seventh-Day Adventist, was discharged from his temporary employment with the defendant Missouri-Kansas-Texas Railroad ("the Katy") because, following his religious belief, he did not report for work on his Sabbath. After pursuing his union grievance proceedings to no avail, Turpen instituted this religious discrimination suit under section 701(j) of Title VII, 42 U.S.C. § 2000e(j), against the Katy. On the basis...

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