CUNNINGHAM v. SEARS, ROEBUCK AND CO.

No. 87-3751.

854 F.2d 914 (1988)

Richard CUNNINGHAM, Plaintiff-Appellant, v. SEARS, ROEBUCK AND CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 23, 1988.


Attorney(s) appearing for the Case

Leo P. Ross, Columbus, Ohio, for plaintiff-appellant.

David J. Young, Murphey, Young & Smith, Columbus, Ohio, Steven W. Tigges, for defendant-appellee.

Before MERRITT, KRUPANSKY and BOGGS, Circuit Judges.


MERRITT, Circuit Judge.

Appellant seeks a review of the District Court's denial of his motion for new trial in this 42 U.S.C. § 1981 race discrimination case on grounds that a juror, who in voir dire denied knowing any witnesses in the case, in fact had been acquainted in the past with a key witness.

In brief, during voir dire the juror in question, who was the only black juror, replied when read a list of prospective witnesses that she did not know,...

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