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YOUNG v. INTERNATIONAL TELEPHONE & TELEGRAPH CO.

No. 19269.

438 F.2d 757 (1971)

James F. YOUNG, on his own behalf and on behalf of all others similarly situated, Appellants, v. INTERNATIONAL TELEPHONE & TELEGRAPH CO., Nesbitt Division, Hershman Sheet Metal Works, Inc., Local #19, Sheet Metal Workers, International Association, Al Kern, individually and as Vice President of Local #19, Sheet Metal Workers International Association.

United States Court of Appeals, Third Circuit.

Decided February 11, 1971.

Attorney(s) appearing for the Case

Edwin D. Wolf, Philadelphia, Pa. (Sharon K. Wallis, Lawyer's Committee for Civil Rights Under Law, Philadelphia, Pa., on the brief), for appellants.

H. Thomas Felix, II, Richard H. Markowitz, Philadelphia, Pa. (Wilderman, Markowitz & Kirschner, Philadelphia, Pa., on the brief), for appellees.

Lutz Alexander Prager, Atty., E. E. O. C., Washington, D. C. (Stanley P. Hebert, Gen. Counsel, Julia P. Cooper, Atty., E. E. O. C., Washington, D. C., on the brief), for the United States Equal Employment Opportunity Commission amicus curiae.

Before HASTIE, Chief Judge, and FREEDMAN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Plaintiff appeals from the order of the district court which dismissed his complaint for want of subject matter jurisdiction. The complaint seeks damages and injunctive relief with respect to alleged racial discrimination in employment. In reviewing a dismissal pursuant to Rule 12(b) (1) we must accept these allegations as true.

Plaintiff is a black citizen of...

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