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NEWMAN v. AVCO CORP.-AEROSPACE ST. DIV., NASHVILLE, TENN.

No. 20669.

451 F.2d 743 (1971)

Robert F. NEWMAN, Plaintiff-Appellant, v. AVCO CORPORATION-AEROSPACE STRUCTURES DIVISION, NASHVILLE, TENNESSEE, and International Association of Machinists and Aerospace Workers, Aero Lodge No. 735, Nashville, Tennessee, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

As Amended November 24, 1971.

Attorney(s) appearing for the Case

William L. Robinson, New York City, for plaintiff-appellant; Avon N. Williams, Jr., Nashville, Tenn., Jack Greenberg, James M. Nabrit, III, Norman C. Amaker, Sylvia Drew, New York City, on brief; Clarence W. Olmstead, Jr., Jonatha R. Harkavy, New York City, of counsel.

Don A. Banta, Chicago, Ill., for Avco Corp.; Naphin, Banta & Cox, Chicago, Ill., William Waller, Waller, Lansden, Dortch & Davis, Nashville, Tenn., on brief; Warren G. Sullivan, Greenwich, Conn., of counsel.

Cecil D. Branstetter, Nashville, Tenn., for Aero Lodge 735; Carrol D. Kilgore, Nashville, Tenn., of counsel.

Charles L. Reischel, Atty., Equal Employment Opportunity Comm., Washington, D. C., for The Equal Employment Opportunity Comm. as amicus curiae; Stanley P. Hebert, Gen. Counsel, Julia P. Cooper, Charles L. Reischel, Attys. Equal Employment Opportunity Comm., Washington, D. C., on brief.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.

JOHN W. PECK, Circuit Judge.

Appellant was a Negro workman at appellee Avco Corporation's Nashville plant for over 14 years before his discharge in 1966. He now appeals from a summary judgment entered in the United States District Court for the Middle District of Tennessee, 313 F.Supp. 1069, dismissing his complaint alleging improprieties concerning his discharge.

The complaint had been filed under Title VII of the Equal...

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