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FRAY v. OMAHA WORLD HERALD CO.

Nos. 91-2439, 91-2443 and 91-2713.

960 F.2d 1370 (1992)

Georgianna FRAY, Appellee/Cross-Appellant, v. The OMAHA WORLD HERALD COMPANY, publisher of the Omaha World Herald Newspaper, a Nebraska corporation, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Soren S. Jensen, Omaha, Neb., argued (J. Russell Derr, on brief), for appellant/cross-appellee.

Michael B. Kratville, Omaha, Neb., argued, for appellee/cross-appellant.

Before BEAM, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

This appeal requires us to decide whether § 101 of the Civil Rights Act of 1991 (the "Act") applies retroactively to cases pending when it was enacted. The Omaha World Herald appeals a judgment entered after a jury verdict in favor of Georgianna Fray, a former employee. The jury found that the World Herald violated 42 U.S.C. § 1981 when it failed to promote and then constructively discharged Fray, claims that are precluded by Patterson...

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