GARZA, Senior Circuit Judge:
Appellant sued Appellee City for discriminatorily not promoting him to Chief of Police and for discharging him. The judge directed a verdict against Appellant on his promotion claim after his case was presented. The jury found in Appellant's favor on the discharge claim. Though not renewing its motion for a directed verdict, the district judge granted Appellee a JNOV and in the alternative, a new trial. Finding the Appellee
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