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Smith v. Leggett Wire Company

After employer established employee's threat of violence as non-discriminatory reason for discharge, employee's failure to prove that reason was pretext for discrimination precluded his race discrimination claim; evidence of repeated racial slurs made by co-workers, who did not participate in firing decision, did not establish pretext.

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The full case caption appears at the end of this opinion.

SUHRHEINRICH, Circuit Judge. Defendants Adcom Wire Company and Leggett & Platt, Inc., appeal an order awarding Plaintiff Boyce A. Smith $100,000,plus attorney’s fees and costs, for wrongful termination of employment based on a jury’s finding of racial discrimination. Defendants claim that the district court erredin denying their post-verdict motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) because there was insufficient evidence to support the jury’sfinding that race was a substantially motivating factor in Adcom’s decision to terminate Smith. Defendants also challenge the jury’s finding that Leggett was sufficientlyinterrelated with Adcom to be held liable for Smith’s wrongful termination. Finally, Defendants object to the district court’s award of attorney’s fees.

 
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