Charles PAYNE, Plaintiff-Appellee, v. McLEMORE’S WHOLESALE & RETAIL STORES, a Louisiana Corporation, Defendant-Appellant

SAM D. JOHNSON, Circuit Judge:

This is a Title VII action alleging that in early 1971, defendant McLemore’s Wholesale & Retail Stores, Inc. failed to rehire plaintiff Charles Payne because of his par*1134ticipation in activities protected by section 704(a) of the Civil Rights Act of 1964. 42 U.S.C.A. § 2000e-3(a). The district court concluded that plaintiff successfully carried his ultimate burden of proving discrimination. The district court found that plaintiff established a prima facie case of discrimination under section 704(a) by showing that the employer’s failure to rehire plaintiff was…