February 5, 1979
RICHARD S. STUDIFIN, PLAINTIFF-APPELLANT,
NEW YORK TELEPHONE COMPANY, DEFENDANT-APPELLEE.
Present: HONORABLE LEONARD P. MOORE, HONORABLE WALTER R. MANSFIELD, Circuit Judges; HONORABLE INZER B. WYATT, District Judge.
Upon this appeal from an order of the Southern District of New York, Charles M. Metzner, Judge, dismissing appellant's action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., following a two-day non-jury trial, the order of the district court is
AFFIRMED. The record reveals that appellant was discharged for repeated tardiness on numerous occasions and that appellant failed to adduce evidence showing that tardy employees of a different race had not been treated similarly or that the tardiness charges against him were frivolous.Nor was there any evidence to support appellant's claims that appellee had different tardiness rules for black employees than for whites, that its records were false, and that appellee acted in retaliation for his appealing a decision of the New York State Division of Human Rights.
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