HEARD v. MUELLER COMPANY

No. 72-1189.

464 F.2d 190 (1972)

James HEARD, Plaintiff-Appellant, v. The MUELLER COMPANY, Defendant-Appellee, and United Steelworkers of America, AFL-CIO, Intervening Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

July 14, 1972.


Attorney(s) appearing for the Case

Phillip A. Fleissner, Chattanooga, Tenn., for plaintiff-appellant; Sizer Chambliss, Chattanooga, Tenn., on brief.

William D. Spears, Chattanooga, Tenn., for Mueller Co.; W. Ferber Tracy, Spears, Moore, Rebman & Williams, Chattanooga, Tenn., on brief.

John C. Falkenberry, Birmingham, Ala., for United Steelworkers; Bernard Kleiman, Chicago, Ill., Michael H. Gottesman, Bredhoff, Barr, Gottesman, Cohen & Peer, Washington, D. C., Benj. L. Erdreich, John C. Falkenberry, Cooper, Mitch & Crawford, Birmingham, Ala., on brief.

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


JOHN W. PECK, Circuit Judge.

This is a Civil Rights action in which the Negro plaintiff-appellant alleged that his former employer,1 the Mueller Company, denied him promotional opportunities by maintaining a departmental seniority system which perpetuates the effects of historic or traditional racial discrimination. This departmental seniority system was established by the collective bargaining agreement between the Company and the United...

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