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KELLEY v. TYK REFRACTORIES CO.

Nos. 87-3530, 87-3577.

860 F.2d 1188 (1988)

Roger P. KELLEY, Appellant in 87-3530 v. TYK REFRACTORIES COMPANY, Formerly TYK Swank Refractories Company. Roger P. KELLEY v. TYK REFRACTORIES COMPANY, Formerly TYK Swank Refractories Company. Appeal of TYK REFRACTORIES COMPANY, INC.

United States Court of Appeals, Third Circuit.

Decided October 28, 1988.

Rehearing Denied November 29, 1988.

Attorney(s) appearing for the Case

Ronald G. Backer (argued), Rothman, Gordon, Foreman and Groudine, P.A., Pittsburgh, Pa., for appellant cross appellee.

Richard S. Meyer (argued), Dilworth, Paxson, Kalish and Kauffman, Philadelphia, Pa., for appellee cross appellant.

Before GIBBONS, Chief Judge, and HIGGINBOTHAM, and HUNTER, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Roger P. Kelley appeals from an order granting a final judgment in favor of his employer, TYK Refractories, Co., Inc., ("TYK") on its motion for summary judgment on Kelley's action alleging employment discrimination in violation of 42 U.S.C. § 1981 (1982) ("§ 1981"). TYK cross-appeals from the district court's decision to remand Kelley's pendent state law claims to the Pennsylvania...

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