Turner S. ROYAL, Appellant, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellee

HANSON, Senior District Judge.

This is an employment discrimination action brought under both Title YII, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981 by Turner S. Royal against his employer, the Missouri Highway and Transportation Commission (the Commission). Royal claims that the Commission has refused to promote him to the position of highway maintenance foreman because he is black. The case is before this circuit for the second time. Following the initial bench trial, Royal appealed the district court’s judgment in favor of the Commission, 549 F.Supp. 681. This circuit affirmed the…