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McCOY v. HESS OIL OF VIRGIN ISLANDS CORP.

Civ. No. 1995-132.

206 F.Supp.2d 726 (2002)

Calvin K.R. McCOY, Plaintiff, v. HESS OIL OF THE VIRGIN ISLANDS CORPORATION and United Steelworkers of America, District 35, Defendants.

District Court, Virgin Islands, D. St. Croix.

June 14, 2002.

Attorney(s) appearing for the Case

Ronald Russell, St. Croix, U.S.V.I., for plaintiff.

C. Beth Moss, St. Croix, U.S.V.I., for defendant Hess Oil V.I. Corp.

Glen Connor, Birmingham, AL, for defendant United Steelworkers, District 35.

MEMORANDUM

MOORE, District Judge.

Background

On October 28, 1994, Calvin McCoy ["McCoy" or "plaintiff"] was discharged from employment at Hess Oil of the Virgin Islands Corporation ["HOVIC"]. According to HOVIC, McCoy, a black man, loudly and repeatedly referred to himself as a "nigger" after he had been warned not to use the term by his supervisor. Having failed to heed the instruction, McCoy was discharged for insubordination. McCoy grieved...

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