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JOHNSON v. CAPITOL CITY LODGE NO. 74, FRAT. ORD. OF POLICE

No. 72-2452.

477 F.2d 601 (1973)

James Lewis JOHNSON et al., Appellants, v. CAPITOL CITY LODGE NO. 74, FRATERNAL ORDER OF POLICE, an unincorporated association, by its President, Raymond W. Spradling, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1973.

Attorney(s) appearing for the Case

Timothy N. Barber, Charleston, W. Va., for appellants.

Before SOBELOFF, Senior Circuit Judge, and FIELD and WIDENER, Circuit Judges.

SOBELOFF, Senior Circuit Judge:

The appellants are five black members of the police force of Charleston, West Virginia. They brought this class action, pursuant to 42 U.S.C. § 1983, alleging that the Capitol City Lodge No. 74, Fraternal Order of Police, discriminated against blacks in its membership selection process. By stipulation of the parties, the transcript of evidence taken in an administrative hearing before...

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