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COOK v. CSX TRANSP. CORP.

No. 92-1395.

988 F.2d 507 (1993)

Curtiss L. COOK, Plaintiff-Appellant, v. CSX TRANSPORTATION CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1993.

Attorney(s) appearing for the Case

Joel Eric Myron, Jersey City, NJ, argued for plaintiff-appellant.

Kevin Charles McCormick, Whiteford, Taylor & Preston, Baltimore, MD, argued (H. Russell Smouse, Whiteford, Taylor & Preston, Baltimore, MD, Sara E. Hall, CSX Transp., Inc., Jacksonville, FL, on brief), for defendant-appellee.

Before RUSSELL, WILKINSON, and NIEMEYER, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

This case presents the somewhat novel issue of whether an employee attempting to prove a prima facie case of racially disparate discipline under Moore v. City of Charlotte, 754 F.2d 1100 (4th Cir.), cert. denied, 472 U.S. 1021, 105 S.Ct. 3489, 87 L.Ed.2d 623 (1985), may single out one prior instance of less severe treatment of...

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