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HUNTLEY v. DEPT. OF HEALTH, ED. & WELFARE

No. 76-1810.

550 F.2d 290 (1977)

Robert HUNTLEY, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Joseph A. Califano, Jr., Secretary, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 8, 1977.

Attorney(s) appearing for the Case

Bernette J. Johnson, Anthony W. Skidmore, Okla Jones, II, New Orleans, La., for plaintiff-appellant.

Gerald J. Gallinghouse, U. S. Atty., Leonard P. Avery, Asst. U. S. Atty., New Orleans, La., for defendants-appellees.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

This is an appeal by Robert Huntley, a black employee of the Department of Health, Education and Welfare, from a summary judgment entered by the trial court denying him his petition for back pay allegedly due him because of a finding by the Secretary that the denial of his promotion by his supervisors was racially motivated.

Without objection, the parties presented the issue to the trial court on the administrative record, not seeking...

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