67 F.3d 301 (7th Cir. 1995), 94-3061, Downie v. Swiss Grand Hotel

Docket Nº:94-3061.
Citation:67 F.3d 301
Party Name:Stafford DOWNIE, Plaintiff-Appellant, v. SWISS GRAND HOTEL [1], Defendant-Appellee.
Case Date:September 27, 1995
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 301

67 F.3d 301 (7th Cir. 1995)

Stafford DOWNIE, Plaintiff-Appellant,


SWISS GRAND HOTEL 1 , Defendant-Appellee.

No. 94-3061.

United States Court of Appeals, Seventh Circuit

September 27, 1995

Submitted September 27, 1995. [*]

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA7 Rule 53 regarding use of unpublished opinions)

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division, No. 91 C 7568; Gerald E. Rosen, Judge.



Before CUMMINGS, PELL and BAUER, Circuit Judges.


The Swiss Grand Hotel in Chicago terminated Stafford Downie's employment as a server in the Banquet Department in June 1990. Downie, an African-American male, filed a lawsuit alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. In addition, he requested damages for the intentional infliction of emotional distress, a state common law tort claim. The district court (Judge Anderson) partially granted Swiss Grand Hotel's motion for summary judgment, holding that the state tort claim was barred by the Illinois Workers' Compensation Act. The parties proceeded to trial on the remaining Title VII claim, Judge Rosen presiding. At its conclusion, the district court determined that Downie had failed to show that Swiss Grand Hotel's legitimate, nondiscriminatory reason for his termination--his poor job performance--was pretextual. The court also found Downie's allegations of race discrimination either not credible or unsubstantiated by the evidence presented at trial. Downie appeals both these rulings. We affirm.

Swiss Grand Hotel argues that the Title VII claim should be affirmed because Downie failed to order the trial transcript in violation of Federal Rule of Appellate Procedure 10(b)(2) and failed to support his challenges to the court's factual findings with specific references to the record contrary to Circuit Rule 28(d). See also Fed.R.App.P. 28(a)(5) ("The argument must contain the contentions of the appellant on the issues presented, and the reasons therefor, with citations to the authorities, statutes, and parts of the record relied on."). Since the filing of Swiss Grand Hotel's brief, Downie has supplemented the record on appeal with a copy of...

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