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BROWN v. DEPARTMENT OF ARMY

No. 87-2653.

854 F.2d 77 (1988)

Herman BROWN, Jr., Plaintiff-Appellant, v. DEPARTMENT OF ARMY and Red River Army Depot, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 25, 1988.

Attorney(s) appearing for the Case

Simmons S. Smith, Little Rock, Ark., for plaintiff-appellant.

Steven M. Mason, Asst. U.S. Atty., Tyler, Tex., Robert L. Minor, Dept. of Army, Washington, D.C., for defendants-appellees.

Before GARWOOD and JONES, Circuit Judges, BLACK, District Judge:

NORMAN W. BLACK, District Judge:

The panel sua sponte withdraws the opinion herein issued August 16, 1988 and substitutes the following:

Appellant Herman Brown, Jr. brought this action against the Department of Army and Red River Army Depot alleging he was wrongfully terminated from his employment because of his race in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq. The District Court dismissed Brown...

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