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PASCHAL v. FLAGSTAR BANK

No. 00-1634.

295 F.3d 565 (2002)

Gerald PASCHAL, et al., Plaintiffs-Appellees, v. FLAGSTAR BANK, FSB, a Federal Savings Bank, f/k/a First Security Savings Bank, FSB, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 17, 2002.

Attorney(s) appearing for the Case

Stephen R. Tomkowiak (argued and briefed), Southfield, MI, for Plaintiffs-Appellees.

Francis R. Ortiz (argued and briefed), Paul R. Bernard, Rick A. Haberman (briefed), Dickinson, Wright, PLLC, Detroit, MI, for Defendant-Appellant.

Before: SILER and GILMAN, Circuit Judges; HEYBURN, Chief District Judge.

OPINION

GILMAN, Circuit Judge.

Eight sets of African-American plaintiffs filed a mortgage-lending discrimination lawsuit against Flagstar Bank. Although the district court granted Flagstar summary judgment against three of these sets, the claims of the other five sets proceeded to trial. During jury selection, Flagstar excused the only African-American on the jury panel. But the district court recalled the juror after concluding that Flagstar's peremptory...

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