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Cutler v. New York Telephone Co.

April 20, 1979

OLIVIA M. CUTLER, PLAINTIFF-APPELLANT,
v.
NEW YORK TELEPHONE COMPANY, DEFENDANT-APPELLEE .



Appeal from the United States District Court for the Southern District of New York.

Present: HONORABLE IRVING R. KAUFMAN, Chief Judge.

HONORABLE J. JOSEPH SMITH, Circuit Judge.

HONORABLE RICHARD OWEN, District Judge, sitting by designation.

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York, and was argued by counsel for appellee and appellant pro se.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed.

1. Judge Lasker's findings of fact are not clearly erroneous. Accordingly, we may not set them aside. Fed. R. Civ. P. 52; see, e.g., Allen & Co. v. Occidental Petroleum Co., 519 F.2d 788 (2d Cir. 1975).

2. The record amply supports Judge Lasker's finding that New York Telephone's transmittal of incorrect personnel information concerning Ms. Cutler was due to inadvertence, and not to racial animus.

19790420

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