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ROWLETT v. ANHEUSER-BUSCH, INC.

No. 87-1021.

832 F.2d 194 (1987)

Melvin K. ROWLETT, Sr., Plaintiff, Appellee, v. ANHEUSER-BUSCH, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 30, 1987.

As Amended November 4, 1987.

Attorney(s) appearing for the Case

Alan D. Rose with whom Charles R. Parrott, Jennifer R. Seton and Nutter, McClennen & Fish, Boston, Mass., were on brief, for defendant, appellant.

Martin L. Gross with whom Eleanor H. Holmes, Edward M. Kaplan and Sulloway Hollis & Soden, Concord, N.H., were on brief, for plaintiff, appellee.

Before BREYER and TORRUELLA, Circuit Judges, and RE, Judge.

TORRUELLA, Circuit Judge.

This is an appeal from a case simultaneously tried to a jury under 42 U.S.C. § 1981 and to a judge under 42 U.S.C. § 2000e et seq. (Title VII). The appeal raises issues relating to the statute of limitations applicable to § 1981 claims, the scope of judicial discretion under Fed.R.Civ.P. 39(b), the quantum of proof necessary to establish intentional racial discrimination, and the damages that are allowable under § 1981...

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