SMITH v. BMI, INC.

No. 91-1293.

957 F.2d 462 (1992)

Clarence SMITH, Plaintiff-Appellee, v. BMI, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 10, 1992.


Attorney(s) appearing for the Case

R. Cordell Funk, Funk & Foster, Hammond, Ind. (argued), for plaintiff-appellee.

James E. McHie, McHie, Myers, McHie & Enslen, Hammond, Ind., Richard J. Antonelli, Buchanan Ingersoll, P.C., Pittsburgh, Pa. (argued), for defendant-appellant.

Before CUMMINGS and RIPPLE, Circuit Judges, and CRABB, District Judge.


CRABB, District Judge.

Clarence Smith, a black, was laid off for economic reasons from his job with BMI, Inc. and was never recalled to work. He filed a complaint alleging that BMI discriminated against him intentionally because of his race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.

After a bench trial held by consent of the parties pursuant to 28 U.S.C. § 636(c), the United States Magistrate...

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