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MILLER v. HALL'S BIRMINGHAM WHOLESALE FLORIST

Civ. A. No. 85-C-0143-S.

640 F.Supp. 948 (1986)

Theodore MILLER, Plaintiff, v. HALL'S BIRMINGHAM WHOLESALE FLORIST, Defendant.

United States District Court, N.D. Alabama, S.D.

July 23, 1986.

Attorney(s) appearing for the Case

Henry L. Penick, Penick, Williams & Jones, Birmingham, Ala., for plaintiff.

Thomas H. Brown, David J. Middlebrooks, Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, Ala., for defendant.

MEMORANDUM OF OPINION DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

CLEMON, District Judge.

Defendant Hall's Birmingham Wholesale Florist has moved for partial summary judgment dismissing plaintiff Theodore Miller's claim, under 42 U.S.C. § 1981 ("§ 1981"),1 that he was discriminatorily treated and discharged by the defendant because of his race. Defendant contends that the § 1981 claim is barred by the statute of...

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