Carson v. Western Electric Co‪.‬

BEFORE: LIVELY, Chief Judge; PECK, Senior Circuit Judge; and NEESE, District Judge.* Per Curiam. The plaintiff appeals from judgment for the defendant in this action in which the plaintiff claimed that he had been subjected to racial discrimination in employment practices by the defendant and sought relief pursuant to Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Following a nine-day trial before the court, United States District Judge Robert M. Duncan entered an opinion and order in which he dealt with every aspect of the case. Judge Duncan found that the defendant employer did not subject the plaintiff to disparate treatment either by failing to protect the plaintiff from harassment, by subjecting the plaintiff to disciplinary action or, finally, by terminating the plaintiff's employment.