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TOLEDO v. NOBEL-SYSCO, INC.

Nos. 86-1853, 86-1871.

892 F.2d 1481 (1989)

Wilbur TOLEDO, Plaintiff-Appellant/Cross-Appellee, v. NOBEL-SYSCO, INC., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 1989.

Attorney(s) appearing for the Case

Stephen T. LeCuyer of Mettler & LeCuyer, Shiprock, N.M., for plaintiff-appellant/cross-appellee.

Peter J. Adang (Jeffrey Twersky and Eleanor K. Bratton, with him on the brief) of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, N.M., for defendant-appellee/cross-appellant.

Before LOGAN and SEYMOUR, Circuit Judges, and ANDERSON, District Judge.

SEYMOUR, Circuit Judge.

Wilbur Toledo brought suit under 42 U.S.C. § 1981 (1982) and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1982), charging that Nobel-Sysco, Inc. discriminated on the basis of religion, race, and national origin when it refused to hire him as a truck driver due to his religious use of peyote. The district court dismissed Toledo's race and national origin claims on Nobel's motion for summary judgment...

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