This section contains the nature of the case and procedural background.

Swint (P) sued Pullman-Standard (D), for a seniority system that discriminated on the basis of race. The district court determined that there was no discriminatory intent on the part of D. It held the alleged violations dealt with the company seniority system and were not intentional violations. Under a civil rights action, discriminatory intent was a necessary part of P's cause of action without which there was no case. P appealed. The court of appeals found that there was discriminatory intent and reversed. D appealed. Fed. R. Civ. P. 52(a) provides that a district court's factual determinations are not to be disturbed unless they are clearly erroneous.

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