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DELPH v. DR. PEPPER BOTTLING CO. OF PARAGOULD, INC.

Nos. 96-3909, 97-1160.

130 F.3d 349 (1997)

Tommy E. DELPH, Appellee, v. DR. PEPPER BOTTLING CO. OF PARAGOULD, INC., also known as Dr. Pepper-7Up Bottling Company, Appellant. Tommy E. DELPH, Appellee, v. DR. PEPPER BOTTLING CO. OF PARAGOULD, INC., a corporation, doing business as Dr. Pepper-7Up Bottling Company, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1997.

Rehearing and Suggestion for Rehearing Denied February 6, 1998.

Attorney(s) appearing for the Case

Thomas M. Hanna, St. Louis, MO, argued (Michelle M. Cain on the brief), for appellant.

Louis Gilden, St. Louis, MO, argued (Charles R. Oldham, Stephen E. Walsh, on the brief), for appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied February 6, 1998.

BOWMAN, Circuit Judge.

Dr. Pepper Bottling Company of Paragould (Arkansas), Inc., appeals from the judgment of the District Court rendered after a bench trial holding the company liable for maintaining a racially hostile work environment that resulted in the constructive discharge of Tommy Delph. The court awarded Delph $24,800 in back pay; $150,000

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