49 Fair empl.prac.cas. 1730, 50 Empl. Prac. Dec. P 39,087 Leroy Smith, Jr., Cross-Appellee v. Firestone Tire and Rubber Company, Cross-Appellant

CUMMINGS, Circuit Judge.

Plaintiff filed this action under 42 U.S.C. § 1981 on October 21, 1986, alleging that his employer, defendant Firestone Tire and Rubber Company (“Firestone”), demoted him on the basis of his race on September 20, 1984. Defendant’s motions for summary judgment on the grounds of expiration of the statute of limitations and the absence of any genuine issues of material fact as to whether defendant’s decision to demote plaintiff was motivated by race were denied on January 8 and 13, 1988, respectively. 675 F.Supp. 1134. The case was tried on March 29, 1988. On March 30,…