ELMORE v. CAPSTAN, INC.

No. 93-3352.

58 F.3d 525 (1995)

William E. ELMORE, Plaintiff-Appellant, v. CAPSTAN, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 19, 1995.


Attorney(s) appearing for the Case

Victor A. Bolden (Eric Schnapper, Elaine R. Jones, Charles Stephen Ralston and Theodore M. Shaw, NAACP Legal Defense and Educational Fund, Inc., and Pantaleon Florez, Jr., Florez & Frost, P.A., Topeka, KS, on the brief), New York City, for plaintiff-appellant.

Michael W. Merriam, Goodell, Stratton, Edmonds & Palmer, L.L.P., Topeka, KS, for defendant-appellee.

SEYMOUR, Chief Judge, SETH, Circuit Judge, and KANE, Senior District Judge.


KANE, Senior District Judge.

Plaintiff employee, an African-American, initiated this Title VII action against his employer claiming his discharge for violating a work rule was the result of intentional discrimination based on race. The employee alleged disparate treatment, contending defendant disciplined non-minority employees more leniently for similar conduct. After a two-day bench trial, the district court found that while the employee had established a prima...

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