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PACIFIC MARITIME ASSOCIATION v. QUINN

Nos. 25355, 71-1217.

465 F.2d 108 (1972)

PACIFIC MARITIME ASSOCIATION and International Longshoremen's and Warehousemen's Unions, Plaintiffs-Appellees, v. Frank A. QUINN, as an individual, Frank A. Quinn, as Regional Director of the Equal Employment Opportunity Commission, and Equal Employment Opportunity Commission, Defendants-Appellants. Booker GIBSON et al., Plaintiffs-Appellants, United States Equal Employment Opportunity Commission and State of Oregon, through its Bureau of Labor, Intervenors on behalf of Appellants, v. LOCAL 40, SUPER-CARGOES & CHECKERS OF the INTERNATIONAL LONGSHOREMEN'S & WAREHOUSEMEN'S UNION and Pacific Maritime Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 10, 1972.

Attorney(s) appearing for the Case

No. 25355:

Phillip B. Sklover (argued), Frank H. Quinn, Julia Cooper, Russell Specter, Deputy Gen. Counsel, Stanley P. Hebert, Gen. Counsel, Washington, D. C., Thomas N. Trotta, Asst. Atty. Gen. (argued), H. J. Belton Hamilton, Asst. Atty. Gen., Portland, Or., for appellant.

Richard Ernst (argued), of Ernst & Daniels, Tollen, Norman Leonard, of Gladstein, Anderson, Leonard & Sibbett, San Francisco, Cal., for appellees.

No. 71-1217:

Norman Leonard (argued), San Francisco, Cal., Chas. Robinowtiz, Frederick T. Smith, of Dusenbery, Martin, Bischoff & Templeton, Portland, Or., for appellants.

Phillip S. Sklover (argued), Julia P. Cooper, Atty., John de J. Pemberton, Jr., Deputy Gen. Counsel, Stanley P. Hebert, Gen. Counsel, Washington, D. C., Thomas N. Trott, Asst. Atty. Gen., Portland, Or., intervenors for appellants.

Raymond J. Conboy (argued), Frank Pozzi, of Pozzi, Wilson & Atchison, Marshall Chenery, of Mize, Kriesien, Fewless, Chenery & Kelley, Portland, Or., for appellees.

Before HAMLIN and MERRILL, Circuit Judges, and GRAY, District Judge.

MERRILL, Circuit Judge:

These two cases, consolidated for purposes of argument, arise under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. and present identical questions of law. In the Gibson case, suit was brought in the District Court for the District of Oregon to permanently enjoin defendants from engaging in unlawful racial discrimination in employment practices. In the Quinn case, a complaint of unlawful...

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