CALDWELL v. NATIONAL BREWING COMPANY

No. 31054.

443 F.2d 1044 (1971)

Robert CALDWELL et al., Plaintiffs-Appellants, v. The NATIONAL BREWING COMPANY and Brewery Workers Local Union No. 185, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 15, 1971.


Attorney(s) appearing for the Case

Jon D. Caminez, Miami, Fla., for plaintiffs-appellants, Bennett H. Brummer, Legal Services Program, Inc., Miami, Fla., of counsel.

Stanley P. Hebert, Gen. Counsel, Julia P. Cooper, Chief, Appellate Section, Lutz Alexander Prager, Marian Halley, Attys., Equal Employment Opportunity Commission, Washington, D. C., amici curiae.

Kovner, Mannheimer, Greenfield & Cutler, Alan E. Greenfield, Miami, Fla., for Brewery Workers Local Union No. 185.

Dixon, Bradford, William, McKay & Kimbrell, P. A., Joseph W. Womack, Joseph F. Jennings, Miami, Fla., for National Brewing Co.

Before WISDOM, BELL and AINSWORTH, Circuit Judges.


BELL, Circuit Judge:

This is an appeal from the dismissal of a complaint charging discrimination with respect to employment. Plaintiff is a Negro who was allegedly discharged by defendant Brewing Company because of his complaints regarding discriminatory employment practices based on race. Defendant union has a collective bargaining agreement with the employer and allegedly participated with the employer in the discriminatory...

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