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MOSS v. LANE COMPANY, INCORPORATED

No. 72-1628.

471 F.2d 853 (1973)

Fred MOSS, Jr., Appellant, v. The LANE COMPANY, INCORPORATED, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 11, 1973.

Attorney(s) appearing for the Case

Barry L. Goldstein, NAACP Legal Defense & Educational Fund, Inc., New York City, and Henry L. Marsh, III, Richmond, Va. (James W. Benton, Jr., Hill, Tucker & Marsh, Richmond, Va., George W. Harris, Jr., Roanoke, Va., Jack Greenberg, William L. Robinson, New York City, and John K. Harkavy, New York City, on brief), for appellant Brown.

Hill Boswell, Charlotte, N. C. (J. W. Alexander, Jr., Charlotte, N. C., W. Barney Arthur, Alta Vista, Va., S. Bowling Hobbs, Lynchburg, Va., and Blakeney, Alexander & Machen, Charlotte, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The plaintiff sought both individual and class relief in this action filed under Title VII of the Civil Rights Act of 1964. A preliminary motion to dismiss the class action was made by the defendant and denied by the district court. The defendant, also, sought a jury trial but this motion, too, was denied. Thereafter, the cause came on for trial. The trial judge1 impaneled an advisory jury and submitted the...

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