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JOHNSON v. GEORGIA HIGHWAY EXPRESS, INC.

No. 26974.

417 F.2d 1122 (1969)

Richard JOHNSON, Jr., Plaintiff-Appellant, v. GEORGIA HIGHWAY EXPRESS, INC., Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 16, 1969.

Attorney(s) appearing for the Case

Howard Moore, Jr., Peter E. Rindskopf, Atlanta, Ga., Jack Greenberg, New York City, Gabrielle K. McDonald, Houston, Tex., Robert Belton, Gabrielle A. Kirk, New York City, for plaintiff-appellant.

John W. Wilcox, Jr., Wilson, Branch & Wilcox, Alexander E. Wilson III, Charles C. Benedict, Atlanta, Ga., for appellee.

Marian Halley, Atty., Equal Employment Opportunity Commission, Washington, D. C., Daniel Steiner, Gen. Counsel, Russell Specter, Asst. Gen. Counsel, amicus curiae.

Before BROWN, Chief Judge, GODBOLD, Circuit Judge, and CABOT, District Judge.

CABOT, District Judge:

This is an interlocutory appeal pursuant to 28 U.S.C. § 1292(b), from an order dated June 24, 1968, of the United States District Court for the Northern District of Georgia which denied appellant's motion to strike the appellee's demand for a jury trial and holding that appellant could not maintain this suit as a class action until he proved that he had been discharged because of race. Additionally, the order restricted the scope of the...

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