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FITZ v. PUGMIRE LINCOLN-MERCURY, INC.

No. 02-12203.

348 F.3d 974 (2003)

Rodney FITZ, Plaintiff-Appellant Cross-Appellee, v. PUGMIRE LINCOLN-MERCURY, INC., a Georgia Corporation, Defendant-Appellee Cross-Appellant, Richard Pugmire, Defendant.

United States Court of Appeals, Eleventh Circuit.

Decided October 24, 2003.

Attorney(s) appearing for the Case

Michael R. Braun, Marietta, Ga, for Rodney Fitz.

Bryan F. Dorsey, Hollowell, Foster & Gepp, P.C., Marietta, GA, for Pugmire Lincoln-Mercury, Inc. and Richard Pugmire.

Before TJOFLAT, ANDERSON and CUDAHY, Circuit Judges.

TJOFLAT, Circuit Judge:

I.

After resigning from his position as finance and insurance ("F&I") manager of Pugmire Lincoln-Mercury, Inc. in Atlanta, the plaintiff in this case, Rodney Fitz, whose race is black, filed suit pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, et seq., against his former employer.1 Fitz alleged that his resignation constituted a "constructive discharge" because it was...

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