Golie Leroy TERRELL, Plaintiff-Appellant, v. the FELDSTEIN COMPANY, INC., Defendant-Appellee

Terrell appeals from an adverse judgment entered in a non-jury trial in which he asserted that, in violation of 42 U.S.C.A. § 1981 and 42 U.S.C.A. § 2000e et seq., the Company maintained a racially discriminatory promotional policy, refused to promote him to salesman, and discharged him when he sought the promotion.

Two questions are presented for review: (1) did the district judge consider the proffered statistical evidence of class discrimination on the part of Feldstein; and (2) are the district court’s findings of fact “clearly erroneous” ?

Since the answers to the interrogatories…