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CENTRAL OF GEORGIA RAILWAY COMPANY v. JONES

No. 15451.

229 F.2d 648 (1956)

CENTRAL OF GEORGIA RAILWAY COMPANY and Brotherhood of Railroad Trainmen, Appellants & Cross-Appellees, v. Odell JONES, Dock Rutledge, A. C. Cain, and Major Threat et al., for and on behalf of themselves and others similarly situated, Appellees & Cross-Appellants. Odell JONES, Dock Rutledge, A. C. Cain, and Major Threat et al., for and on behalf of themselves and others similarly situated, Appellees & Cross-Appellants, v. CENTRAL OF GEORGIA RAILWAY COMPANY and Brotherhood of Railroad Trainmen, Appellants & Cross-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 9, 1956.

Attorney(s) appearing for the Case

W. H. Sadler, Jr., J. K. Jackson, Al G. Rives, Birmingham, Ala., John B. Miller, Savannah, Ga., Jackson, Rives, Pettus & Peterson, Birmingham, Ala., Wayland K. Sullivan, Cleveland, Ohio, of counsel, for appellants.

Jerome A. Cooper, Birmingham, Ala., William E. Mitch, Hugo L. Black, Jr., Cooper, Mitch & Black, Birmingham, Ala., for appellees.

Before RIVES, JONES and BROWN, Circuit Judges.

PER CURIAM.

In an agreement made in 1952 between the appellants, Central of Georgia Railway Company and Brotherhood of Railroad Trainmen, a provision having its origin in a contract made more than thirty years before was included which prohibited negroes from being used in certain positions in the train service of the Railway. The appellees, Negro employees of the Railway and members of the Brotherhood, brought a class suit in which they alleged discrimination on...

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