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COOPER v. PHILIP MORRIS, INC.

No. 71-2026.

464 F.2d 9 (1972)

Amanda COOPER et al., Plaintiffs-Appellants, v. PHILIP MORRIS, INC., Tobacco Workers International Union Local No. 16, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

June 29, 1972.

Attorney(s) appearing for the Case

Jack Greenberg, New York City, for plaintiffs-appellants; William L. Robinson, New York City, Darryl T. Owens, Neville M. Tucker, Tucker & Schneider, Louisville, Ky., on brief; Albert Rosenthal, New York City, of counsel.

Edward F. Butler, New York City, for Philip Morris, Inc.; Myron D. Cohen, New York City, John E. Tarrant, Bert T. Combs, Martin Roach, Louisville, Ky., on brief; Conboy, Hewitt, O'Brien & Boardman, New York City, Tarrant, Combs, Blackwell & Bullitt, Louisville, Ky., of counsel.

Herbert L. Segal, Louisville, Ky., for Tobacco Workers International Union Local No. 16; Segal, Isenberg, Sales & Stewart, Louisville, Ky., John de J. Pemberton, Jr., Acting Gen. Counsel, Julia P. Cooper, Chief, Appellate Section, Charles L. Reischel, John F. Goemaat, Attys., Washington, D. C., on brief.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and McALLISTER, Senior Circuit Judge.

EDWARDS, Circuit Judge.

Appellants appeal from summary judgment dismissing their complaint (claiming discrimination in conditions of employment) against appellees, Philip Morris, Inc. and Tobacco Workers International Union, Local No. 16.

Appellants are Negro employees of Philip Morris who have filed a complaint under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. They claim that the action should be treated as a class action, that...

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