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BARNETT v. W. T. GRANT COMPANY

Nos. 74-1638, 74-1639.

518 F.2d 543 (1975)

Hyland Lewis BARNETT, Appellant, v. W. T. GRANT COMPANY, a corporation, et al., Appellees. Hyland Lewis BARNETT, Appellee, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, an unincorporated labor organization, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1975.

Attorney(s) appearing for the Case

Jonathan Wallas, Charlotte, N. C. (Robert Belton, J. LeVonne Chambers, Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., Jack Greenberg and Morris J. Baller, New York City, on brief), for appellant in No. 74-1638 and for appellee in No. 74-1639.

Francis M. Fletcher, Jr., Charlotte, N. C. (Harkey, Faggart, Coira & Fletcher, Charlotte, N. C., on brief), for appellee, Local 71, in No. 74-1638.

James J. Baldwin, Greenville, S. C. (James B. Spears, Jr., and Haynsworth, Baldwin & Miles, Greenville, S. C., on brief), for appellee, W. T. Grant Co., in No. 74-1638.

Sidney Dickstein, George Kaufmann, Ira R. Mitzner and Dickstein, Shapiro & Morion, Washington, D. C., on brief for appellee, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, in Nos. 74-1638 and 74-1639.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

Hyland Lewis Barnett brought this suit under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-5(f), and 42 U.S.C. § 1981 seeking redress for alleged racially discriminatory practices by defendants. After a trial the district court denied relief on Barnett's individual claim, and held that the class action numerosity requirement was not met with respect to the only class that Barnett could appropriately represent, which was...

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