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HOLMES v. BEVILACQUA

No. 84-1916.

774 F.2d 636 (1985)

Raymond F. HOLMES, Appellant, v. Joseph J. BEVILACQUA, Individually and in his official capacity as Commissioner, Department of Mental Health and Mental Retardation of the Commonwealth of Virginia and the Department of Mental Health and Mental Retardation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 10, 1985.

Attorney(s) appearing for the Case

Robert P. Geary, Richmond, Va. (Geary & Davenport, Richmond, Va., on brief), for appellant.

Henry M. Massie, Jr., Richmond, Va. (Sands, Anderson, Marks & Miller, Mary Yancey Spencer, Asst. Atty. Gen., Richmond, Va., on brief), for appellees.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

HARRISON L. WINTER, Chief Judge:

Plaintiff, who is black, sued defendant, his employer, alleging racial discrimination under 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiff alleges discrimination in defendant's failure to promote him to the position of Deputy Commissioner of the Virginia Department of Mental Health and Mental Retardation. The district court granted defendant's motion to dismiss under...

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