BERRY v. STEVINSON CHEVROLET

Nos. 93-1031, 93-1055, 93-1072, 93-1127 and 93-1354.

74 F.3d 980 (1996)

Charles H. BERRY, Jerald S. Reynolds, and Jesse L. Carter, Jr. Plaintiffs-Appellees/Cross-Appellants, v. STEVINSON CHEVROLET, a Colorado corporation; Stevinson Toyota, a Colorado corporation; Stevinson Toyota East, Inc., doing business as Mark Toyota, a Colorado corporation; and Charles Stevinson, individually, Defendants-Appellants/Cross-Appellees, and Reggi Bonino, individually, Defendant. The Lawyers' Committee for Civil Rights; The Colorado Hispanic Bar Association; Equal Employment Opportunity Commission, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 19, 1996.


Attorney(s) appearing for the Case

Lynn D. Feiger (Darold W. Killmer, Gilbert M. Roman, and John A. Culver with her on the briefs) of Feiger, Collison & Killmer, P.C., Denver, Colorado, for Plaintiffs-Appellees/Cross-Appellants.

John M. Husband of Holland & Hart (Gregory A. Eurich and Brian M. Mumaugh of Holland & Hart, and Thomas S. Nichols of Davis, Graham & Stubbs, with him on the briefs), Denver, Colorado, for Defendants-Appellants/Cross-Appellees.

Paul D. Ramshaw, Attorney (James R. Neely, Jr., General Counsel, Gwendolyn Young Reams, Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, with him on the brief), U.S. Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae EEOC.

Brian E. Bates of Antonio Bates Bernard Haenel, Professional Corporation, Denver, Colorado; and Richard T. Seymour and Sharon R. Vinick of Lawyers' Committee for Civil Rights Under Law, submitted a brief for Amicus Curiae Lawyers' Committee.

Roberto L. Corrada, Assistant Professor of Law, University of Denver College of Law, Denver, Colorado, submitted a brief for Amicus Curiae The Colorado Hispanic Bar Association.

Before SEYMOUR, Chief Judge, HENRY, Circuit Judge, and COOK, District Judge.


SEYMOUR, Chief Judge.

Jesse L. Carter, Jr., Charles H. Berry, and Jerald S. Reynolds, who are African Americans, filed this action under 42 U.S.C. § 2000e-5 (Title VII) and 42 U.S.C. § 1981 against several auto dealerships owned and principally managed by defendant Charles Stevinson. All plaintiffs alleged discriminatory discharge under Title VII. In addition, Mr. Berry alleged a failure to promote claim under 42 U.S.C. § 1981, and Mr. Reynolds brought...

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