Legal Opinion

Wilbur Toledo, Plaintiff-Appellant/cross-Appellee v. Nobel-Sysco, Inc., Defendant-Appellee/cross-Appellant

Court of Appeals for the Tenth Circuit

Decided December 29, 1989No. 86-1853, 86-1871PublishedCited by 67 opinions

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…

2Cases cited29 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  3. Trans World Airlines, Inc. v. HardisonSupreme Court of the United States · 1977
  4. Ford Motor Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1982
  5. Ansonia Board of Education v. PhilbrookSupreme Court of the United States · 1986

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3Cited by67 opinions

  1. Alexander Shapolia v. Los Alamos National Laboratory, and John WhettenCourt of Appeals for the Tenth Circuit · 1993
  2. Donald Barth v. Bruce S. Gelb, Director, United States Information AgencyCourt of Appeals for the D.C. Circuit · 1993
  3. Isaiah Brown v. Polk County, Iowa, a Municipal Corporation Ray Sears, Former County Administrator for Polk County and Polk County Board of SupervisorsCourt of Appeals for the Eighth Circuit · 1995
  4. Cloutier v. Costco Wholesale Corp.Court of Appeals for the First Circuit · 2004
  5. Angelo RODRIGUEZ, Plaintiff-Appellant, v. CITY OF CHICAGO, a Municipal Corporation, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1998

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