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WRIGHTSON v. PIZZA HUT OF AMERICA, INC.

No. 96-1127.

99 F.3d 138 (1996)

Arthur WRIGHTSON, Plaintiff-Appellant, v. PIZZA HUT OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1996.

As Amended November 15, 1996.

Attorney(s) appearing for the Case

ARGUED: George Bryan Adams, III, Waggoner, Hamrick, Hasty, Monteith & Kratt, P.L.L.C., Charlotte, NC, for Plaintiff-Appellant. Edward Laughtin Eatman, Jr., Paul Christopher Lawrence, Hedrick, Eatman, Gardner & Kincheloe, L.L.P., Charlotte, NC, for Defendant-Appellee. ON BRIEF: William Howard Elam, Wishart, Norris, Henninger & Pittman, Charlotte, North Carolina; June K. Allison, Wishart, Norris, Henninger & Pittman, Burlington, NC, for Plaintiff-Appellant.

Before MURNAGHAN and LUTTIG, Circuit Judges, and HALLANAN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed by published opinion. Judge LUTTIG wrote the majority opinion, in which Judge HALLANAN joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

Plaintiff-appellant Arthur Wrightson, formerly an employee of defendant-appellee Pizza Hut of America, Inc., appeals the dismissal under Federal Rule of Civil Procedure 12(b)(6) of his Title VII claim against Pizza Hut. Wrightson, a heterosexual male, alleges that his homosexual...

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