LIVINGSTON v. ADIRONDACK BEVERAGE CO.

No. 1091, Docket 96-9301.

141 F.3d 434 (1998)

Richard A. LIVINGSTON, Plaintiff-Appellant, v. ADIRONDACK BEVERAGE COMPANY, Defendant-Appellee,

United States Court of Appeals, Second Circuit.

Decided April 13, 1998.


Attorney(s) appearing for the Case

William A. Walsh, Zeichner, Ellman & Krause, New York City, for plaintiff-appellant.

John W. Clark, Tobin & Dempf, Albany, NY, for defendant-appellee.

Before: CARDAMONE, McLAUGHLIN, Circuit Judges, and CONNER, District Judge.


McLAUGHLIN, Circuit Judge:

BACKGROUND

Richard Livingston, an individual of Hispanic descent, operated a soda bottle-capping machine for Bev-Pak, Inc. d/b/a Adirondack Beverage Company ("Adirondack"). He claims that during his tenure at Adirondack he was subjected to derogatory ethnic remarks that created a hostile work environment in violation of Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e et seq.

Livingston contends...

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