GRIGGS v. DUKE POWER COMPANY

No. 13013.

420 F.2d 1225 (1970)

Willie S. GRIGGS, James S. Tucker, Herman Martin, William C. Purcell, Clarence M. Jackson, Robert A. Jumper, Lewis H. Harrison, Jr., Willie Boyd, Junior Blackstop, John D. Hatchett, Clarence Purcell, Eddie Galloway, and Eddie Broadnax, Appellants, v. DUKE POWER COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 9, 1970.


Attorney(s) appearing for the Case

Jack Greenberg, New York City (Conrad O. Pearson, Durham, N. C., J. LeVonne Chambers, Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Sammie Chess, Jr., High Point, N. C., James M. Nabrit, III, Norman C. Amaker, Robert Belton, Gabrielle A. Kirk, George Cooper, and Albert J. Rosenthal, New York City, on brief) for appellants.

George W. Ferguson, Jr., Charlotte, N. C. (Carl Horn, Jr., and William I. Ward, Jr., Charlotte, N. C., on brief) for appellee.

Russell Specter, Asst. Gen. Counsel, Equal Employment Opportunity Commission, and Gary J. Greenberg, Atty., Dept. of Justice (Daniel Steiner, Gen. Counsel, Philip B. Sklover, Atty., Equal Employment Opportunity Commission, Jerris Leonard, Asst. Atty. Gen., and Carol R. Aronoff, Atty., Dept. of Justice, on brief) for amicus curiae.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.


BOREMAN, Circuit Judge:

Present Negro employees of the Dan River Steam Station of Duke Power Company in Draper, North Carolina, in a class action with the class defined as themselves and those Negro employees who subsequently may be employed at the Dan River Steam Station and all Negroes who may hereafter seek employment at the station, appeal from a judgment of the district court dismissing their complaint brought under...

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