802 F.2d 1073 (8th Cir. 1986), 85-2096, Maney v. Brinkley Mun. Waterworks and Sewer Dept. (Arkansas)

Docket Nº:85-2096.
Citation:802 F.2d 1073
Party Name:Benjamin F. MANEY; Robert Butler; Robert L. Tucker, Appellees, v. BRINKLEY MUNICIPAL WATERWORKS AND SEWER DEPARTMENT (ARKANSAS), a Municipal Corporation; Mr. Lambert D. Dial; Jubal Etheridge; Pete Medford; Gus Rusher; Robert L. Travis, President, Individually and in their official capacities as Members of the Board of Commissioners of the Brinkley,
Case Date:October 10, 1986
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 1073

802 F.2d 1073 (8th Cir. 1986)

Benjamin F. MANEY; Robert Butler; Robert L. Tucker, Appellees,

v.

BRINKLEY MUNICIPAL WATERWORKS AND SEWER DEPARTMENT

(ARKANSAS), a Municipal Corporation; Mr. Lambert D. Dial;

Jubal Etheridge; Pete Medford; Gus Rusher; Robert L.

Travis, President, Individually and in their official

capacities as Members of the Board of Commissioners of the

Brinkley, Arkansas Water and Sewer Commissioners; John

Holliday, Individually and in his official capacity as City

Manager of Brinkley, Appellants.

No. 85-2096.

United States Court of Appeals, Eighth Circuit

October 10, 1986

        Submitted April 17, 1986.

Page 1074

        Michael Rainwater, Little Rock, Ark., for appellants.

        Gail Wright, New York City, for appellees.

        Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and FAGG, Circuit Judge.

        BRIGHT, Senior Circuit Judge.

        Brinkley Municipal Waterworks and Sewer Department (Waterworks) appeals from a judgment holding that it discriminated against former employees Benjamin F. Maney, Robert Butler, and Robert L. Tucker, who are black. On appeal, Waterworks argues that the district court erred in holding that Waterworks failed to promote and constructively discharged Maney, Butler, and Tucker on account of their race. We affirm in part, and reverse and remand in part.

       I. BACKGROUND

        In 1977, the manager of Waterworks, James Brock, died from a heart attack. Waterworks advertised for a new manager in local papers, but did not hire either of the two men, both white, who applied for the position. Instead, many of the manager's duties were assumed by the maintenance foreman, Benjamin Maney. Maney, a black male, did not receive any increase in his salary following this increase in responsibility.

        In 1979, Waterworks again advertised the position of manager in the local papers. Although Maney saw the advertisement, he did not apply for the position. The district court found that Maney was told that current employees would not be considered for the position. Waterworks hired the only

Page 1075

person to submit an application, Robert Broadway, a white male.

        Following the hiring of Broadway, Maney left his employment with Waterworks, and obtained a new position in another city. In addition, Robert Butler and Robert Tucker, both of whom worked under Maney as laborers, left their employment within a few days after Broadway assumed the manager's position.

        Maney and Butler brought suit against Waterworks for race discrimination in violation...

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