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ONTIVEROS v. ASARCO INC.

No. 95-50540.

83 F.3d 732 (1996)

Ben ONTIVEROS, Sr., Plaintiff-Appellee/Cross-Appellant, v. ASARCO INCORPORATED, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 29, 1996.

Attorney(s) appearing for the Case

Richard C. White, El Paso, TX, Gil Gonzalez, Law Offices of Gil Gonzalez, El Paso, TX, for Ontiveros.

Charles C. High, Jr., Clara Beth Burns, Kemp, Smith, Duncan & Hammond, El Paso, TX, for Asarco Inc.

Before WISDOM, EMILIO M. GARZA and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

I. PROCEEDINGS BELOW

Plaintiff brought a Title VII claim of discrimination on the basis of national origin. The jury found for Plaintiff and awarded $200,000 in lost future earnings and $100,000 in punitive damages. Following an evidentiary hearing, the district court awarded Plaintiff $6816.83 in backpay.

Defendant moved for judgment as a matter of law, a new trial, and remittitur of damages. The district court granted...

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