DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

013240P.pdf   10/17/2003  Anthony C. Kenney  v.  Swift Transportation
   U.S. Court of Appeals Case No:  01-3240
   Transportation   
   Eastern District of Arkansas 
   Civil case - civil rights. When it granted the defendant's motion for 
   summary judgment on plaintiff's Title VII failure-to-hire claim, the 
   district court improperly made credibility determinations and weighed 
   the evidence against plaintiff when it evaluated his pretext argument; 
   for the purposes of ruling on the motion for summary judgment , 
   plaintiff's specific statements about information he was given during 
   the application process were sufficient, alone, to support a jury finding 
   that defendant's stated nondiscriminatory reason for not hiring 
   plaintiff was a pretext for race discrimination.