[DOWNLOAD] "Bullard v. Omi Georgia Inc." by Fifth Circuit. Unit B United States Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Bullard v. Omi Georgia Inc.
- Author : Fifth Circuit. Unit B United States Court of Appeals
- Release Date : January 23, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appellants brought this 42 U.S.C. § 1981 suit in district court complaining that they had been discharged because of their race and national origin. On the basis of the pleadings and affidavits the district court concluded that appellants' action was for discrimination on the basis of national origin alone and that they had therefore failed to state a cause of action under section 1981. Because we find that it is impossible to determine from the record before us to what extent the alleged discrimination stems from appellants' race as opposed to national origin, we hold that summary judgment was inappropriate and reverse. The five appellants in this case, some of whom are black and some of whom are white, are former employees of appellee Omi Georgia, Inc. All are natives of the United States. In their complaint, they allege that they were discharged from their positions because of their participation in union organizing activities.1 In separate paragraphs they allege that apart from these activities they were discharged because of their race and national origin respectively. They state that they were immediately replaced by new employees whose race was Oriental and whose national origin was Korean. The decision to replace the appellants, according to their complaint, was made by appellee Toschiichi Oshima,2 whose race is Oriental and whose national origin is Japanese. In support of their position, appellants submitted affidavits of 20 present and former employees of Omi, including appellants' own affidavits, establishing as factual contentions that appellants were discharged and replaced by Orientals. In support of their motion for summary judgment, appellees have submitted three affidavits denying that appellants were replaced by Orientals.