Jerome HARRIS, Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Appellee

HENLEY, Circuit Judge.

This is a racial discrimination in employment case brought by a black employee, Jerome Harris, against his corporate employer, Norfolk & Western Railway Company, hereinafter called the Railroad. Plaintiff was discharged in 1972 after a disciplinary episode. He had been employed by the Railroad as a carman’s helper, and at about the time of his discharge the 'Railroad had furloughed a number of carmen’s helpers on account of lack of business. The probabilities are that had plaintiff not been discharged he would have been furloughed along with other carmen’s helpers.

Plainti…