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McALESTER v. UNITED AIR LINES, INC.

Nos. 86-1088, 86-1130.

851 F.2d 1249 (1988)

Walter McALESTER, Plaintiff-Appellee, v. UNITED AIR LINES, INC., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 14, 1988.

Attorney(s) appearing for the Case

Irvin M. Kent, Aurora, Colo. (John Mosby, Denver, Colo., with him on the briefs), Aurora, Colo., for plaintiff-appellee.

Robert P. Casey, Chicago, Ill. (P. Kathleen Lower of Morris & Lower, Denver, Colo., with him on the briefs), for defendant-appellant.

Before McKAY, TACHA and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Defendant United Air Lines, Inc., appeals from a jury verdict granting damages to plaintiff Walter McAlester in a racially discriminatory discharge claim under 42 U.S.C. § 1981. United also appeals the district court's order reinstating McAlester to his employment with United.

United asserts the district court lacked subject matter jurisdiction over McAlester's § 1981 claim because the Railway Labor Act (RLA), 45 U.S.C. §...

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