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WILMER v. TENNESSEE EASTMAN CO.

No. 89-6172.

919 F.2d 1160 (1990)

Harvey WILMER, Plaintiff-Appellant, v. TENNESSEE EASTMAN COMPANY, a DIVISION OF EASTMAN KODAK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Charlton R. DeVault, Jr., Kingsport, Tenn., for plaintiff-appellant.

George O. Burpeau, III, Tennessee Eastman Co., Legal Dept., Kingsport, Tenn., Homer L. Deakins, Jr., Margaret H. Campbell, Devin M. Ehrlich, Ogletree, Deakins, Nash, Smoak & Stewart, Atlanta, Ga., for defendant-appellee.

Before JONES and RYAN, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

Harvey Wilmer, a black employee of Tennessee Eastman Company ("Eastman"), appeals the grant of summary judgment in favor of Eastman on Wilmer's claim of racial discrimination in his discharge brought under 42 U.S.C. § 19811 and under a state law theory of breach of employment contract. We agree with the result in the district court that Wilmer's § 1981 claim is barred by the recent Supreme...

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