Wilbur Toledo, Plaintiff-Appellant/cross-Appellee v. Nobel-Sysco, Inc., Defendant-Appellee/cross-Appellant
Court of Appeals for the Tenth Circuit
1Opinion of the Court
SEYMOUR, Circuit Judge.
Wilbur Toledo brought suit under 42 U.S.C. § 1981 (1982) and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1982), charging that Nobel-Sysco, Inc. discriminated on the basis of religion, race, and national origin when it refused to hire him as a truck driver due to his religious use of peyote. The district court dismissed Toledo’s race and national origin claims on Nobel’s motion for summary judgment and, after a bench trial, also dismissed his religious discrimination claim. The court held that although Nobel’s failure to hire Toledo was…
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