HEANEY, Senior Circuit Judge.
This matter is before us for a second time. When it was first here, we held that Alston A. Emanuel, a black civilian employee of the Army, was not entitled to recover on his claim for employment discrimination. We reasoned that he had not established discrimination under a disparate treatment analysis and that under existing precedent the case could not be considered under a disparate impact analysis. Emanuel appealed to the Supreme Court...
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