Danny R. Smith v. Pyro Mining Company

This circuit decided this case on July 30, 1970 under the style of Dewey v. Reynolds Metals Co., 429 F.2d 324 (6th Cir.1970). It denied rehearing en banc on August 11, *10901970 and the Supreme Court affirmed the decision by an equally divided court during its October term of the same year.1 Dewey v. Reynolds Metals Co., 402 U.S. 689, 91 S.Ct. 2186, 29 L.Ed.2d 267 (1971). The law of the case in Dewey is, accordingly, existing precedent in this circuit.

The Dewey court, like the instant court, was confronted with a religious discrimination charge arising as a result of Dewey’s refusal to work…