United States Tenth Circuit

In a Title VII action, summary judgment to defendant is affirmed where neither the dicta rule nor due process prevents application of Randle, and defendant's decision to save a white employee from an impending layoff by giving her preference over an African-American employee not facing a layoff, does not give rise to an inference of discrimination.

Appellate Information

• Decided 11/18/2003
• Published 11/18/2003

Judges

• McCONNELL, Circuit Judge., Before EBEL, PORFILIO, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:  Melvin C. Hall of Riggs, Abney, Neal, Turpen, Orbison & Lewis, Oklahoma City, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Robert G. McCampbell, United States Attorney, H. Lee Schmidt, Assistant U.S. Attorney, Oklahoma City, OK, for Defendant-Appellee.