STINSON v. HORNSBY

No. 86-7508.

821 F.2d 1537 (1987)

David STINSON, Plaintiff-Appellant, v. Major General William A. HORNSBY, individually and as the Adjutant General of the Alabama National Guard, State of Alabama; the Alabama National Guard; Major Ernest L. Shipp, individually and as an officer of the Alabama National Guard; Lt. Col. John Q. Adams, individually and as an officer of the Alabama National Guard; George F. Hulsey, individually and as an officer of the Alabama National Guard, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 20, 1987.


Attorney(s) appearing for the Case

Julian McPhillips, McPhillips, DeBardelaben & Hawthorne, Kenneth Shinbaum, Montgomery, Ala., for plaintiff-appellant.

Don Siegelman, Atty. Gen., Richard N. Meadows, Asst. Atty. Gen., Montgomery, Ala., for defendants-appellees.

Before HILL and HATCHETT, Circuit Judges, and HENDERSON, Senior Circuit Judge.


HATCHETT, Circuit Judge:

On October 1, 1982, the Alabama National Guard employed David Stinson, a black resident citizen of Montgomery County, Alabama, on a full time basis, as Training NCO/System Supervisor. It terminated him on September 29, 1985. Stinson alleged that the Alabama National Guard prohibited and refused to allow him the opportunity to gain a supervisory position, allowed white employees, with equal or fewer qualifications and experience, to gain supervisory...

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