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VOGLER v. McCARTY, INC.

No. 71-1458.

451 F.2d 1236 (1971)

Paul VOGLER, Jr., et al., Plaintiffs-Appellees, v. McCARTY, INC., et al., Defendants. UNITED STATES of America, Plaintiffs-Appellees, v. LOCAL 53 OF the INTERNATIONAL ASSOCIATION OF HEAT AND FROST INSULATORS AND ASBESTOS WORKERS, et al., Defendants-Appellees, Master Insulator's Association of New Orleans and Baton Rouge, La., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1972.

Attorney(s) appearing for the Case

Horace A. Thompson, III, Michael J. Molony, Jr., Jones, Walker, Waechter, Poitevent, Carrere and Denegre, New Orleans, La., for defendant-appellant.

Revius O. Ortique, Jr., New Orleans, La., Jack Greenberg, Norman C. Amaker, William L. Robinson, New York City, Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., Jerris Leonard, Asst. Atty. Gen., Herbert A. Goldsmith, Jr., Civil Rights Div., David L. Rose, David L. Norman, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D. C., C. Paul Barker, Jerry L. Gardener, Jr., Dodd, Hirsch, Barker, Meunier, Boudreaux & Lamy, New Orleans, La., for appellees; Albert J. Rosenthal, New York City, of counsel.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

THORNBERRY, Circuit Judge:

This appeal concerns the district court's equity jurisdiction to fashion remedies pursuant to Sections 706 and 707 of Title VII of the Civil Rights Act of 1964.1

Although the decision is simple, the facts are somewhat complex. We therefore begin by setting them out.

On May 31, 1967, the district court, based on its finding that the Union2 had denied to Negroes opportunities...

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