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MARLOWE v. FISHER BODY

No. 73-1359.

489 F.2d 1057 (1973)

Virgil Philip MARLOWE, Plaintiff-Appellant, v. FISHER BODY, a division of General Motors Corporation and International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, C.I.O., Local #596, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 6, 1973.

Attorney(s) appearing for the Case

Henry A. Bornstein, Southfield, Mich., for Virgil Philip Marlowe; Bornstein, Wishnow & Young, Southfield, Mich., on brief.

Charles Hodge, Washington, D. C., for U. S. Equal Employment Opportunity Commission as amicus curiae; William A. Carey, Gen. Counsel, Julia P. Cooper, Associate Gen. Counsel, Beatrice Rosenberg, Joseph T. Eddins, Jr., Attys., E. E. O. C., Washington, D. C., on brief.

Richard J. Loftus, Jr., Detroit, Mich., for General Motors Corp; Ross L. Malone, Detroit, Mich., Atty. for General Motors Corp., on brief; Eugene L. Hartwig, Edmond J. Dilworth, Jr., Jimie R. Wheatley, Robert N. Price, Russell J. Thomas, Jr., Detroit, Mich., of counsel.

Edwin G. Fabre, Asst. Gen. Counsel, Detroit, Mich., for Local No. 596, International Union, UAW; John A. Fillion, Gen. Counsel, Detroit, Mich., on brief.

Before WEICK, MILLER and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

This case was begun in the district court as an action for damages under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The original complaint was filed on August 5, 1970 and the only defendant was Fisher Body, a division of General Motors Corporation (hereafter General Motors). It was alleged in the complaint that by concerted action of its officers, agents and employees conspiring together General Motors had willfully...

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