No. 74-2105.

514 F.2d 678 (1975)

Jack A. GAMBLE et al., Plaintiffs-Appellants, v. BIRMINGHAM SOUTHERN RAILROAD COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 16, 1975.

Attorney(s) appearing for the Case

Demetrius C. Newton, Birmingham, Ala., Jack Greenberg, Robert Belton, Barry L. Goldstein, New York City, for plaintiffs-appellants.

Carol Lynn Green, EEOC, Washington, D. C., for amicus curiae.

James R. Forman, Jr., J. Frederic Ingram, Birmingham, Ala., for Birmingham So. R. R.

Clarence M. Small, Jr., Birmingham, Ala., for Union.

Before WISDOM and DYER, Circuit Judges, and KRAFT, District Judge.

DYER, Circuit Judge:

This Title VII1 suit alleges racial discrimination in promotional opportunities. Plaintiffs are a class of black switchmen who are or might be employed by Birmingham Southern Railroad Company (Railroad). Defendants are the employer Railroad and the United Transportation Union (Union) and its Local 1887 (Local). The district court made findings of fact and concluded as a matter of law that defendants have had no post...

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